Jones v. Lykes Bros. Steamship Co., Inc

L. HAND, Circuit Judge.

The defendant appeals from a judgment in favor of a seaman for personal injuries, arising from an assault by a fellow seaman aboard the defendant’s ship, of the crew of which the plaintiff and his assailant were both members. The plaintiff also appeals because of the inadequacy of the damages, and raises the question whether the action should have been tried as a suit in the admiralty; but, since we are holding that the complaint should have been dismissed because the plaintiff did not prove any claim either under the Jones Act, 1 or the maritime law, it will not be…