Surgeon v. Alaska Packers Ass'n

ROCHE, District Judge.

This is an action under the Jones Act, 46 U.S.C.A. § 688. Plaintiff, employed as a cook on board a boat operating in Alaskan waters during the salmon season, alleges that he was injured when he slipped upon an oily stairway while doing work for which he was engaged. He seeks to recover damages for defendant’s negligent maintenance of the stairway and he also asks for maintenance and cure. Defendant has moved to dismiss on the ground that this court lacks jurisdiction to grant relief on the cause of action set forth by plaintiff.

Since defendant concedes that plaintiff is…