Mikkelson v. Pacific S. S. Co.

(after stating the'facts as above).

It is fundamental that the purpose of the Jones Act was to, and did, create a new rule for indemnity to injured seamen. Under the old rule the ship or its owner were liable for injury to a seaman in consequence of unseaworthiness of the ship “usually consisting of wages and the expense of maintenance and cure” (Panama Railway Co. v. *125Johnson, 264 U. S. 375, 44 S. Ct. 391, 395, 68 L. Ed. 748), a contractual right (Pacific Steamship Co. v. Peterson, 278 U. S. 130, 49 S. Ct. 75, 73 L. Ed. 220); but there was no liability for injuries through the negligence of…