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Nowery v. Smith

decided.: May 21, 1947.

JAMES N. NOWERY
v.
HOWELL B. SMITH AND ALGOT W. JOHNSON, INDIVIDUALLY AND TRADING AS SMITH & JOHNSON, APPELLANTS.



Before MARIS, GOODRICH, and KALODNER, Circuit Judges.

Per Curiam.

The question presented is whether the plaintiff, a seaman, was entitled to maintenance and cure by reason of an injury suffered without fault on his part in a fight in a barroom while on shore leave in a foreign port. For the reasons well stated in the opinion of Judge Bard in the district court, 69 F.Supp. 755, denying the defendant's motion for judgment n.o.v. and for a new trial we think that the award of maintenance and cure was proper.

The judgment of the district court will be affirmed.

19470521

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