Boudreau v. Boat Andrea G. Corp.

The plaintiff, as administratrix of her husband’s estate, brings this action against the owner of a fishing vessel on which the decedent, a crew member, died on November 13, 1962. The first count sounds in negligence under the Jones Act, 46 U. S. C. § 688 (1958). The second count alleges that the decedent’s death was due to the unseaworthiness of the defendant’s vessel and purports to be brought under the Death on the High Seas Act, 46 U. S. C. § 761 (1958). A third count, for cure and maintenance, is not before us.

The case was tried to a jury. At the close of the evidence, the judge, subject…