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MILLS v. MITSUBISHI SHIPPING COMPANY

No. 22045.

358 F.2d 609 (1966)

Louis MILLS, Appellant, v. MITSUBISHI SHIPPING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 20, 1966.

Attorney(s) appearing for the Case

Warner F. Brock, David J. Nagle, Houston, Tex., for appellant.

B. D. McKinney, Houston, Tex., Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for appellee.

Before BROWN and COLEMAN, Circuit Judges, and MORGAN, District Judge.

JOHN R. BROWN, Circuit Judge:

Another of the frequent longshoreman personal-injury damage claims against the vessel for unseaworthiness, this case reflects again the great utility of special interrogatories with a general charge under F.R.Civ.P. 49(a).1 The serious question here is whether there was unseaworthiness as a matter of law. Concluding, as we do, that the specific jury finding of seaworthiness cannot be sustained, we are able...

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