Garrett v. Moore-Mccormack Co., Inc.

Opinion by

Mr. Justice Linn,

Plaintiff, a seaman, sued on two causes of action: (1) pursuant to Section 33 of the Jones Act, 1 41 Stat. 1007, 46 U. S. C. A. section 688, for damages for negligence; and (2) for maintenance and cure under the admiralty law. He declared for $100,000. The defense was that plaintiff had released his claims. The jury rendered a verdict, “$1,000 for maintenance, and $3,000 for pain, injury and wages.” Defendants moved for judgment n. o. v. and their motion was granted on the ground that the evidence was insufficient to support a finding that plaintiff’s release was…