Edna Fall, as Administratrix of the Estate of Phillip Fall, Deceased v. Esso Standard Oil Company

WISDOM, Circuit Judge.

This Jones Act litigation turns on the effect of a seaman’s possession of a switchblade knife. Jimmie Murphy, a young messman in the crew of the S. S. Esso Augusta, stabbed and fatally wounded Phillip Fall, the ship’s marine electrician, while the ship was tied to the Esso Refinery’s docks in Baton Rouge, Louisiana.

Esso’s schedule calls for three months on duty and one month off with pay. Murphy completed his first tour of three months but did not complete his second tour. He left the ship at Mobile and returned to his home in North Carolina: according to the plaintiff,…