Preston Lee Tyndall v. Conduit and Foundation Corporation

BIGGS, Chief Judge.

Tyndall brought an admiralty action in personam against his employer, The Conduit and Foundation Corporation, for maintenance and cure and for damages under the Jones Act, 46 U.S.C.A. § 688. The trial resulted in an award to Tyndall of $1,760 for maintenance and cure and damages in the amount of $47,500. Conduit has appealed.

The primary issue at bar turns on whether Tyndall was or was not a seaman. If he was a “seaman” at the time he was injured he was entitled to maintain actions for maintenance and cure and for damages under the Jones Act. The Jones Act contains no…