WALKER v. OHIO RIVER COMPANY

No. 15633.

358 F.2d 733 (1966)

Evelyn WALKER, Appellant, v. The OHIO RIVER COMPANY.

United States Court of Appeals Third Circuit.

Decided March 18, 1966.


Attorney(s) appearing for the Case

Harry Alan Sherman, Pittsburgh, Pa., for appellant.

Harold R. Schmidt, Pittsburgh, Pa. (Anthony J. Polito, Rose Schmidt & Dixon, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE and SMITH, Circuit Judges, and KIRKPATRICK, District Judge.


PER CURIAM:

Appealing from a decree denying her maintenance and cure, the plaintiff in this case has the burden of demonstrating that the trial court erred in finding that "upon all of the evidence this Court is unable to conclude that the libellant suffered any injury on board respondent's motor vessel".

No one but the libellant witnessed the alleged shipboard fall upon which this claim is predicated. The trial court disbelieved her testimony that she fell...

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