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SOCONY-VACUUM CO. v. SMITH

No. 195.

305 U.S. 424 (1939)

SOCONY-VACUUM OIL CO. v. SMITH.

Supreme Court of United States.

Decided January 3, 1939.

Attorney(s) appearing for the Case

Mr. Louis Mead Treadwell, with whom Messrs. Henry B. Potter and John J. Manning were on the brief, for petitioner.

Mr. George J. Engelman for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

The question is whether assumption of risk is a defense in a suit brought by a seaman under the Jones Act to recover for injuries resulting from his use, while on duty, of a defective appliance of the ship, when he chose to use the unsafe appliance instead of a safe method of doing his work, which was known to him.

Respondent, a seaman, brought the present suit...

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