Jack Mathes v. The Clipper Fleet, Etc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
NORRIS, Circuit Judge:
Appellant Jack Mathes is a seaman who brought this action under the Jones Act, 46 U.S.C. § 688 (1985), and general maritime law to recover damages for personal injury suffered while he was working aboard ship. The jury found in favor of both defendants. On appeal Mathes argues that the district court committed error in refusing to instruct the jury on the the so-called Pennsylvania Rule (The Pennsylvania, 86 U.S. [19 Wall.] 125, 22 L.Ed. 148 (1873)), and on the theory of negligence per se, as well as in refusing to admit certain testimony. We affirm.
I
Mathes was employed…
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