U.S. Court of Appeals for the Second Circuit, 1970

Prather v. New York Scow Corp.

U.S. Court of Appeals for the Second Circuit · Decided May 8, 1970 · Jame, Lumbard, Son, Waterman

425 F.2d 1093 (Federal Reporter, Second Series)

Counsel

Edward M. Katz, New York City (Abraham E. Freedman, New York City, on the brief), for plaintiff-appellee., Thomas J. Irving, New York City (Foley & Martin, New York City, on the brief), for defendant-appellant.

Cases that cite this one

1 later published case cites this decision.

Donald Prather v. New York Scow Corporation (2d Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

We affirm the judgment of the district court on a jury verdict awarding $40,-000 damages to the plaintiff, a deckhand on the tug Crow, in his action against his employer pursuant to the Jones Act and the General Maritime Law. While the award for pain and suffering, loss of wages, and partial loss of the use of the left hand due to the fracture of the thumb at the base of the hand is generous, we cannot say that the award was so excessive that it was an abuse of discretion for the trial judge to deny the defendant’s motion for a new trial or a remittitur.

Affirmed.

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