Marshall R. Peterson v. United States

Appellant, a seaman, brought a proceeding under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., claiming damages for injuries alleged to have been sustained on a ship owned and operated by appellee, and caused by the unseaworthiness of the vessel and negligence imputable to appellee.

The trial court denied relief to appellant and made findings of fact. This appeal in large measure presents questions of fact which the trial court has found in favor of appellee and, there being present in the record substantial evidence to support the findings, we have no other alternative than to sustain the judgment.

It is urged that we should determine the facts for ourselves under a theory of trial de novo. That theory has recently been laid to rest by the Supreme Court of the United States in the case of McAllister v. United States, 1954, 348 U.S. 19, 20 , 75 S.Ct. 6, 8 . The Supreme Court said: “No greater scope of review is exercised by the appellate tribunals in admiralty cases than they exercise under Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A.”

The facts disclose that appellant was employed as a second cook and baker aboard a vessel carrying wheat to India.…