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O'BRIEN v. CALMAR S. S. CORPORATION

No. 6979.

104 F.2d 148 (1939)

O'BRIEN v. CALMAR S. S. CORPORATION.

Circuit Court of Appeals, Third Circuit.

May 16, 1939.

Attorney(s) appearing for the Case

Abraham E. Freedman, of Philadelphia, Pa., for appellant.

Lewis, Wolff, Gourlay & Hemphill, of Philadelphia, Pa., and Duncan & Mount, of New York City (Frank A. Bull, of New York City, and Frederick W. Gourlay, of Philadelphia, Pa., of counsel), for appellee.

Before MARIS, BIDDLE, and BUFFINGTON, Circuit Judges.

BIDDLE, Circuit Judge.

The plaintiff, a seaman, was injured on a pier while adjusting a gang plank to connect with the defendant's vessel lying at the pier. He brought suit under Section 33 of the Merchant Marine Act of 1920 (the Jones Act), 46 U.S.C.A. § 688. The trial judge dismissed the action, entered judgment for the defendant, and refused a new trial, on the ground that no negligence was shown.

The Jones Act provides that a seaman may recover for...

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