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Albert B. Sines, an Incompetent, by John Victor Tilly, Guardian of His Estate v. United States

Albert B. SINES, an Incompetent, by John Victor Tilly, Guardian of His Estate, Appellant, v. UNITED STATES of America, Appellee

Sines v. United States, 430 F.2d 644 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
September 1, 1970
Docket
No. 23800_1
Judges
Kilkenny, Per Curiam, Plummer, Trask
Citations
430 F.2d 6441972 A.M.C. 24141970 U.S. App. LEXIS 7500

Opinion — Per Curiam

PER CURIAM:

This is an appeal from a judgment in a suit in admiralty brought against the government by appellant, a merchant seaman injured while employed on a government vessel.

The district court found that the government’s negligence was a proximate cause of appellant’s injury, and that appellant suffered damages in the sum of $74,264. The court further found that appellant’s contributory negligence was a proximate cause of his injury and reduced the award by fifty per-cent. Judgment was entered in favor of appellant in the sum of $37,132.

Appellant now alleges that the court erred in finding that he was negligent. This is a factual finding which may be disturbed on appeal only if clear *645 ly erroneous. Rule 52(a), Fed.R.Civ.P.; Rederi A/B Soya v. SS Grand Grace, 369 F.2d 159, 162-163 (9th Cir. 1966). We hold that the trial court’s finding on the record including the depositions was not clearly erroneous.

The court’s finding that appellant had a reduced work life expectancy was likewise supported by substantial evidence and was not clearly erroneous. Nor did the court err in failing to prepare special findings on damages. The court substantially adopted the proposed findings of fact submitted to it by appellant. Appellant made no motion for a more detailed computation of damages. Although the findings on damages were somewhat vague, there is no doubt as to the propriety of the total amount awarded.

See Dwyer v. Socony-Vacuum Oil Co., 276 F.2d 653, 654 (2d Cir. 1960).

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11974: 11979: 11998: 12006: 22008: 219722026peak 2006 · 2

Most recent

  1. Oberson v. United States Department of Agriculture, Forest Service514 F.3d 989 (9th Cir. 2008)
  2. Orberson v. United States514 F.3d 989 (9th Cir. 2008)
  3. Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor v. United States Department of Agriculture, Forest Service and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson441 F.3d 703 (3d Cir. 2006)
  4. Oberson v. United States Department of Agriculture, Forest Service441 F.3d 703 (9th Cir. 2006)
  5. Landry De Orzan v. United States of America145 F.3d 1337 (9th Cir. 1998)
  6. Theodore D. Sauers, Through His Guardian, Irene G. Ellis v. Alaska Barge and Transport, Inc., an Alaska Corp., and the United States of America600 F.2d 238 (9th Cir. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rederi A/B Soya v. SS Grand Grace, 369 F.2d 159 (9th Cir. 1966) 11
Dwyer v. Socony-Vacuum Oil Co., 276 F.2d 653 (2d Cir. 1960) 6

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