John E. Honchorck, Appellant, v. Dravo Corporation, 372 F.2d 92 (3d Cir. 1967)

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US Court of Appeals for the Third Circuit - 372 F.2d 92 (3d Cir. 1967) Argued December 5, 1966
Decided January 5, 1967

Cosmos J. Reale, Pittsburgh, Pa., for appellant.

Bruce R. Martin, Pittsburgh, Pa., for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.



This libel was tried on the theory that libellant was injured as a result of the negligent revving of the engines on respondent's vessel. Libellant maintains that he was beaching his motorboat when respondent's vessel, the "Freedom," accelerated its engines causing waves or swells which, in turn, caused his small craft to pitch and strike him on the side of his face. The district court, as the trier of fact, found the testimony of the sole liability witness, libellant's son, to be incredible and entered judgment for the respondent on the grounds that libellant had failed to establish the cause of the accident. Issues of credibility are for the fact finder; such findings are not to be disturbed unless clearly erroneous. Cf., M. W. Zack Metal Co. v. S.S. Birmingham City, 311 F.2d 334 (C.A.2, 1962), cert. denied, 375 U.S. 816, 84 S. Ct. 50, 11 L. Ed. 2d 51 (1963). Our review of the record discloses nothing which would support a clearly-erroneous finding.

The judgment of the district court will be affirmed.

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