McAllister v. Magnolia Petroleum Co.

On Rehearing

On rehearing, appellant says our decision in this case is contrary to the holdings in The Arizona v. Anelich, 298 U.S. 110, 56 S.Ct. 707, 80 L.Ed. 1075; Ran v. Atlantic Ref. Co., D.C., 87 F.Supp. 853; Cox v. Roth, 348 U.S. 207, 75 S.Ct. 242, 99 L.Ed. 260; Garrett v. Moore-McCormack Co., 317 U.S. 239, 63 S.Ct. 246, 87 L.Ed. 239. We have read each of the cited cases. Each of them was concerned with a cause of action involving negligence, hence the Jones Act was applicable. None of them was concerned, as is this appeal, with an action based on unseaworthiness not involving…