Elie J. Johnson v. United States

This was a suit in admiralty seeking recovery of damages for personal injuries alleged to have been received by the appellant as a seaman on a vessel owned and operated by the United States. The injuries were alleged to have been caused by negligence chargeable to the United States which was assertedly responsible under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. The court below after trial found that there was no negligence; that the libelant had not sustained personal injuries; and that the libelant had wilfully and knowingly testified falsely in the course of the trial. Decree was entered for the respondent United States.

Appellee filed a motion to dismiss the appeal. At the hearing upon such motion it was stipulated that the motion papers filed by appellee might stand in lieu of a brief by appellee upon the merits of the appeal, and that appellant might have additional time within which to file a reply brief, and that thereafter the motion and the appeal should stand submitted.

The motion to dismiss the appeal is denied.

Upon this appeal the appellant’s assertion that the findings are clearly erroneous is without merit for the record shows that although libelant…