Barrell v. Brown

The plaintiff brought this action to recover damages for injuries sustained while working on the defendant’s vessel, the Wauna. Plaintiff’s pleading sought recovery under two theories: negligence (the Jones Act, 46 USCA § 688), and unseaworthiness. The ease was submitted to the jury under both of plaintiff’s theories. The jury returned a verdict in favor of the plaintiff and the defendant appeals.

The principal issue on appeal, as stated by the defendant, is: “Hid the circuit court rule correctly in removing from jury consideration defendant’s conten tion that the vessel was a dead ship and…