Byron Borgen v. Richfield Oil Corporation

BARNES, Circuit Judge.

Appellant (sometimes herein referred to as plaintiff) sought damages in the court below for personal injuries allegedly suffered while employed as a seaman aboard the vessel S. S. David E. Day, a T-2 oil tanker owned by defendant corporation. Plaintiff relied on two causes of action — the first based on the alleged negligence of the appellee (46 U.S.C.A. § 688, commonly known as the Jones Act) and the second, in admiralty, based upon alleged unseaworthiness. There was diversity of citizenship (28 U.S.C. § 1332).

The trial was held before a jury, and at the conclusion of…