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HASKINS v. POINT TOWING COMPANY

No. 16901.

395 F.2d 737 (1968)

Esker E. HASKINS, Appellant, v. POINT TOWING COMPANY and M/V H. E. BOWLES, a Motor Vessel, Her Boilers, Engines, Tackle Apparel and Furniture, and Bulk Towing, Inc., in a Cause of Contract and Damage, Civil and Maritime.

United States Court of Appeals Third Circuit.

Decided May 16, 1968.

Attorney(s) appearing for the Case

Harry Alan Sherman, Pittsburgh, Pa., for appellant.

Donald L. Very, Campbell, Thomas & Burke, Pittsburgh, Pa. (Charles E. Lugenbuhl, Lemle & Kelleher, New Orleans, La., on the brief) for respondent Point Towing Co.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

A confused pleading presents us with the problem whether plaintiff1 was entitled to a trial by jury of his Jones Act2 claim for negligence and his maritime claims for unseaworthiness and maintenance and cure. He was compelled to have all these claims tried by a judge without a jury and he brings this appeal from the decision of the district judge dismissing...

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