VAIARELLA v. JAMES F. SHANAHAN CORP.


352 Mass. 241 (1967)

224 N.E.2d 454

MICHAEL J. VAIARELLA vs. JAMES F. SHANAHAN CORPORATION.

Supreme Judicial Court of Massachusetts, Essex.

March 13, 1967.


Attorney(s) appearing for the Case

Michael B. Latti for the plaintiff.

Solomon Sandler for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


WHITTEMORE, J.

The plaintiff, a seaman and fisherman, in count 1 of his declaration against the defendant shipowner, alleged negligence and sought recovery under the Jones Act (46 U.S.C. § 688 [1952]). In count 2, he sought recovery regardless of negligence under general maritime law, alleging that the vessel was unseaworthy. The jury found for the defendant under both counts and the plaintiff brings before us his exceptions to the judge's charge.

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