Abram M. Applebaum v. American Export Isbrandtsen Lines

MANSFIELD, Circuit Judge:

In this seaman’s action for damages for injuries attributed to an accident on board defendant’s vessel, allegedly caused by the ship’s unseaworthiness or defendant’s negligence, the latter claim brought under the Jones Act, 1 the jury returned a verdict in favor of the defendant. Upon this appeal the seaman, Abram M. Applebaum, seeks a new trial, asserting as error various rulings by the district judge during the course of the trial. Because we conclude that one of these rulings was erroneous — the exclusion of an important witness’ prior consistent statement as to…