Hans Peymann v. Perini Corporation

ON PETITION FOR REHEARING

ALDRICH, Senior Circuit Judge.

Plaintiff has filed a petition for rehearing addressed to the propriety of our ruling that the jury verdict for the defendant on the unseaworthiness count rendered moot, or disposed of, plaintiff’s claim that he should have been permitted to go to the jury on the negligence count. *1324While we find the petition without merit, the brief in support is based upon a misconception it might be well to answer.

The district court in its charge defined as unseaworthiness all of the deficiencies asserted as resulting from defendant’s alleged negligence.…