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MERCHANT v. RUHLE

No. 83-1908.

740 F.2d 86 (1984)

James P. MERCHANT, Plaintiff, Appellee, v. Philip Henry RUHLE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 1, 1984.

Attorney(s) appearing for the Case

Frank H. Handy Jr., Boston, Mass., with whom Kneeland Kydd & Handy, Boston, Mass., was on brief, for defendant, appellant.

Joseph M. Orlando, Gloucester, Mass., with whom Orlando & White, Gloucester, Mass., was on brief, for plaintiff, appellee.

Before COFFIN, Circuit Judge, STEWART, Associate Justice (Retired), and BREYER, Circuit Judge.

COFFIN, Circuit Judge.

This case began as a seaman's claim for damages arising from a back injury suffered as the result of the shipowner's alleged negligence under the Jones Act and alleged maintenance of an unseaworthy vessel. What takes it out of the ordinary is that the jury rendered arguably inconsistent verdicts on negligence and seaworthiness. It answered "yes" to the question: "Did the plaintiff's injuries result in whole or in part from the negligence of...

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