Osland v. Star Fish & Oyster Co.

HOLMES, Circuit Judge.

This is an action for damages under the act of June 5, 1920, which extends to seamen the common-law right or remedy applicable to railway employees in cases of personal injury. 46 U.S.C.A. § 688. It was filed by appellant, who refused to plead further after the court below had sustained a demurrer to his complaint in nine counts. The entry of a final judgment followed, and this appeal was taken.

The appellant was a deep-sea fisherman on the Mary Carmen, a schooner owned and operated by appellee in the Gulf of Mexico.. There was on board a galley, which the appellee…