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WOUNICK v. PITTSBURGH CONSOLIDATION COAL COMPANY

No. 13117.

283 F.2d 325 (1960)

John A. WOUNICK, Appellant, v. PITTSBURGH CONSOLIDATION COAL COMPANY.

United States Court of Appeals Third Circuit.

Decided June 17, 1960

Rehearing Denied July 20, 1960.

Attorney(s) appearing for the Case

Harry Alan Sherman, Pittsburgh, Pa. (S. Eldridge Sampliner, Lawrence S. Levy, Cleveland, Ohio, on the brief), for appellant.

Harold R. Schmidt, Pittsburgh, Pa. (Jack W. Plowman, Rose, Houston, Cooper & Schmidt, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and FORMAN, Circuit Judges.

STALEY, Circuit Judge.

Did the district court err in granting defendant's motion for a directed verdict upon the ground that the statute of limitations under the Jones Act, 46 U.S.C.A. § 688, had run where the seaman's complaint contained a negligence count and an unseaworthiness count?

A complaint was filed by John A. Wounick on January 26, 1956. It contained three counts, one under the Jones Act for negligence, another for unseaworthiness, and the last...

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