Masjulis v. United States Shipping Board Emergency Fleet Corporation

(after stating the facts as above). Since the plaintiff was using the rope under orders, it was error to submit the question of assumption of risk to the jury. Cricket Steamship Co. v. Parry (C. C. A.) 263 F. 523; Panama Railroad Co. v. Johnson (C. C. A.). 289 F. 964.

As was pointed out in the Johnson Case, supra, there is such an obligation upon a seaman to obey the orders of his superiors that he cannot have the freedom of action which lies at the base of the doctrine of assumption of risk as applied to workmen on land. On this subject the following language is quoted from the opinion in…