O'Brien v. Calmar S. S. Corp.

BIDDLE, Circuit Judge.. The plaintiff, a seaman, was injured on a pier while adjusting a gang plank to connect with the defendant’s vessel lying at the pier. He brought suit under Section 33 of the Merchant Marine Act of 1920 (the Jones Act), 46 U.S.C.A. § 688. The trial judge dismissed the action, entered judgment for the defendant, and refused a new trial, on the ground that no negligence was shown.

The Jones Act provides that a seaman may recover for personal injuries suffered “in the course of his employment * * * with the right of trial by jury.” The act has been construed not to extend…