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WATSON v. JOSHUA HENDY CORPORATION

No. 251, Docket 24348.

245 F.2d 463 (1957)

Waldron C. WATSON, Libellant-Appellant, v. JOSHUA HENDY CORPORATION, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 3, 1957.

Attorney(s) appearing for the Case

Paul C. Matthews, New York City (John J. Robinson, Edwin M. Bourke, New York City, Advocates), for libellant-appellant.

Corydon B. Dunham, New York City (Vine H. Smith, New York City, of counsel), for respondent-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

We affirm the court below. The lengthy marshalling of the evidence by the trial judge, see 142 F.Supp. 335, need not be elaborated upon by us. The issue decided was unquestionably one of fact. If the libellant-appellant were the aggressor in the fracas he had with Captain Neville, and then if Captain Neville used no more force than was necessary to repel the assault upon him, Watson can recover from the defendant neither...

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