Elsie C. Wiper, of the Estate of Joseph W. Wiper, Deceased v. Erie Sand Steamship Co.

MOORE, Circuit Judge.

Plaintiff, executrix of the estate of Joseph W. Wiper, brought this action pursuant to the Jones Act (46 U.S.C.A. § 688) to recover damages resulting from the death of her husband allegedly caused by the negligence of the defendant or the unseaworthiness of defendant’s vessel, the M/V “Hydro” (Hydro). The jury returned a verdict for the defendant, and from the judgment entered thereon, plaintiff appeals. The appeal is based primarily on contentions (1) that the trial court erroneously refused to submit to the jury certain instructions requested by plaintiff and (2) that…