Barry James Pashby v. Universal Dredging Corporation, and Anchor Barge No. 10, Official No. 554497

Appellant Pashby was employed by ap-pellee Universal Dredging Corporation as a deckmate. On October 5, 1973, he was working on Anchor Barge No. 10. Appellant had occasion that morning to reprimand a deckhand, one Rodriguez. Mr. Rodriguez took exception to the rebuke and a brief scuffle ensued. Forty-five minutes later, Mr. Rodriguez approached appellant from the rear without warning and assaulted and battered him with an 18 inch eye bolt, causing head, leg and hand injuries.

Appellant brought this suit under the Jones Act, 46 U.S.C. § 688, charging negligence and breach of the duty of…