Lawrence Whittington v. Sewer Construction Company, Inc.

I respectfully dissent.

The question here is whether the district court had jurisdiction of the plaintiff’s claim for personal injuries filed under the Jones Act, 46 U.S.C. § 688, and for maintenance and cure under general admiralty law. No claim was made in the complaint that the vessel or her appliances were not seaworthy.

The district court found the plaintiff was not a seaman, concluded that it had no jurisdiction, and dismissed the complaint. I am of opinion that whether or not the plaintiff was a seaman, or a member of a crew, is a matter of fact which should not have been conclusively…