Fitze v. American-Hawaiian Steamship Co.

This appeal is from an order setting aside a judgment for plaintiff and granting a new trial. The action was brought under section 688, Title 46, TJ. S. C. A., to recover for personal injuries alleged to have been sustained by plaintiff in the course of his employment on November 28, 1939, while he was employed as an able seaman on the S.S. Missourian at the Port of Westport, Oregon. That section provides that any seaman suffering personal injury in the course of his employment may, at his election, maintain an action at law with the right to trial by jury ‘ ‘ and in such action all statutes…