Berry v. American Commercial Barge Lines

It is my opinion that the trial court erred in giving plaintiff’s instruction No. 21; therefore, I must respectfully dissent.

The majority in its opinion recognizes that it is essential to a proper determination of the question of whether plaintiff was entitled to maintain this action under the Jones Act that the jury be accurately instructed as to the proper definition of the words “seaman” and “member of the crew.” It is my opinion that plaintiff’s instruction No. 21 fails in this respect; therefore, the giving of such instruction constituted reversible error.

The authority cited as…