BOUDOIN v. LYKES BROS. S. S. CO.

No. 406.

348 U.S. 336 (1955)

BOUDOIN v. LYKES BROTHERS STEAMSHIP CO., INC.

Supreme Court of United States.

Decided February 28, 1955.


Attorney(s) appearing for the Case

Raymond H. Kierr argued the cause for petitioner. With him on the brief was Samuel C. Gainsburgh.

Andrew R. Martinez argued the cause for respondent. With him on the brief were Jos. M. Rault and William E. Wright.

John J. Burns filed a brief for the American Merchant Marine Institute, Inc., as amicus curiae, urging affirmance.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a suit by an American seaman against the owner and operator of an ocean freighter, the Mason Lykes, on which he was formerly employed. He based his claim for recovery both on negligence and on breach of the warranty of seaworthiness. The case was tried by the court upon waiver of jury. The District Court found for the plaintiff, holding that the shipowner...

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