Samuel H. Landy, Administrator of the Estate of Alvin R. Verbaecke, Deceased, Appellant, v. United States of America, 197 F.2d 524 (3d Cir. 1952)

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US Court of Appeals for the Third Circuit - 197 F.2d 524 (3d Cir. 1952) Argued June 18, 1952
Decided June 30, 1952
Rehearing Denied July 24, 1952

Appeal from the United States District Court for the Eastern District of Pennsylvania; Harry E. Kalodner, Judge.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

William M. Alper, Philadelphia, Pa., for appellant.

Thomas E. Byrne, Jr., Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellee.


The libellant, the administrator of a deceased seaman, appeals from a judgment in favor of the respondent entered by the district court in an action under the Jones Act, 46 U.S.C.A. § 688, for damages for the decedent's death as the result of the alleged negligence of the respondent. The case was heard by Circuit Judge Kalodner, specially assigned to the district court, who in a careful opinion discussed the evidence at length and concluded that it was not sufficient to support a finding of negligence on the part of the respondent and that the libel should, therefore, be dismissed. 101 F. Supp. 486. We are in full accord with the conclusions of the district court for the reasons well stated by Judge Kalodner in his opinion. We, therefore, cannot hold his findings to be erroneous.

The judgment of the district court will be affirmed.