Kinney v. General Construction Co.

This is an action to recover damages for personal injuries which was brought by an employee against his employer for negligence under 46 USCA (The Jones Act) and under the doctrine of unseaworthiness in accordance with general maritime law. A jury trial resulted in a verdict for plaintiff in the sum of $3,900 special damages and $48,000 general damages. Defendant appealed.

Plaintiff was employed as a deckhand on defendant’s tug “Tillie.” The “Tillie” was furnishing motive power for defendant’s dump barge which was being used to transport bottom materials from the scene of a dredging operation.…