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CUNNINGHAM v. M-G TRANSPORT SERVICES, INC.

No. 74-1757.

527 F.2d 760 (1975)

Claude CUNNINGHAM, Appellee, v. M-G TRANSPORT SERVICES, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1975.

Attorney(s) appearing for the Case

George S. Sharp, Charleston, W. Va., for appellant.

Thomas P. Maroney, Charleston, W. Va., for appellee.

Before HAYNSWORTH, Chief Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

In this suit for injury to a seaman, the district court quite correctly submitted special interrogatories to the jury to facilitate separate determination of two theories of liability, negligence and unseaworthiness. They were put in the form of affirmative statements, and read as follows:

We, the Jury, find for the plaintiff, Claude Cunningham, on the basis of negligence [unseaworthiness] as stated in Count I of the complaint and assess damages...

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