Melvin A. Connorton v. Harbor Towing Corp., 352 F.2d 517 (4th Cir. 1965). · Go Syfert
Melvin A. Connorton v. Harbor Towing Corp., 352 F.2d 517 (4th Cir. 1965). Cases Citing This Book View Copy Cite
7 citation events (3 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Stephen McFadden (ca4, 2014-05-21)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Stephen McFadden
4th Cir. · 2014 · confidence medium
We recognized long ago that “[a]n appellate court is not the proper forum to re-fight a battle of expert witnesses.” Connorton v. Harbor Towing Corp., 352 F.2d 517, 518 (4th Cir.1965) (per curiam), quoted in United States v. Wood, 741 F.3d 417, 425 (4th Cir.2013).
discussed Cited "see" United States v. Vernon Wood
4th Cir. · 2013 · signal: see · confidence high
See Connorton v. Harbor Towing Corp., 352 F.2d 517, 518 (4th Cir.1965) (“An appellate court is not the proper forum to refight a battle of expert witnesses.”). *426 In any event, any error in the admission of the challenged reports is harmless.
Retrieving the full opinion text from the archive…
Melvin A. CONNORTON, Appellant,
v.
HARBOR TOWING CORPORATION, Appellee
9998_1.
Court of Appeals for the Fourth Circuit.
Nov 8, 1965.
352 F.2d 517
Bernard M. Goldstein, Baltimore, Md., for appellant., Randall C. Coleman, Baltimore, Mid. (Manfred W. Leckszas and Ober, Williams & Grimes, Baltimore, Md., on brief), for appellee.
Haynsworth, Boreman, Bell.
Cited by 7 opinions  |  Published
PER CURIAM:

Appellant fell and struck his chest on a bitt aboard appellee’s tugboat. He appeals from the finding below that the fall was not a proximate cause of pulmonary tuberculosis the presence of which was confirmed one year after the accident. Counsel for appellant argues persuasively that the testimony of his two medical experts would abundantly support a finding that trauma was a causative factor in precipitating the disease.

There was, however, ample evidence to support the finding below. Appellee’s medical expert minimized the role of trauma in activating pulmonary tuberculosis. Hospital records of extensive tests performed over a two month period shortly after the accident failed to reveal positive signs of active tuberculosis at that time. As to the adequacy of two months observation in diagnosing the presence of pulmonary tuberculosis, the medical experts were in conflict.

In the face of the conflict in testimony and the substantial evidence on both sides, we do not think this ease compels a finding for the appellant. An appellate court is not the proper forum to refight a battle of expert witnesses. Even if we would have resolved the conflict in evidence differently, we will not interject this court into the fact finding process in the absence of clear error.

The decision with respect to maintenance is also affirmed for the reasons given by the court below.

Affirmed.