Anne R. Swords, as Administratrix of the Estate of Robert L. Swords, Deceased v. American Sealanes, Inc.

(dissenting) :

I believe the district judge properly denied the shipowner’s motion to set aside the verdict for the plaintiff. At a point not more than twenty steps away from Swords’ station, the guardrail of the ship admittedly was defective, a condition which would warrant a jury in finding unseaworthiness. More important, on the question of causation the *1327evidence showed that the chains sagged to 16 inches above the deck — less than the height of a man’s knee. Such an obstacle could easily trip a seaman stirring about his station to keep alert on a dark, cold night. The scope of our review,…