Pioneer Steamship Company v. Walter E. Hill

STEWART, Circuit Judge.

Appellee, a shipfitter’s helper, injured aboard appellant’s vessel “John Stanton” when he fell into a hole cut into the deck of a coal bunker, was awarded a money judgment after trial in the district court with jury waived. The complaint charged both unseaworthiness of the vessel and negligence on the part of appellant, its owner. During the trial, however, the appellee abandoned his right to recover on the ground of unseaworthiness, and the judgment rests upon the district court’s finding that appellee’s injuries were proximately caused by appellant’s negligence. D.C.,…