Rainville v. F/V" GEM"

MEMORANDUM OPINION

ATKINS, District Judge.

This cause, in which plaintiff seeks damages for breach of the warranty of seaworthiness and maintenance and cure under the general maritime law for injuries suffered in an altercation after the completion of a fishing voyage, came before the Court for a non jury trial on the issue of liability. The Court, by its order of June 5, 1972, has already dismissed plaintiff’s Jones Act claim without prejudice. Plaintiff has properly invoked the admiralty jurisdiction of this court. The testimony at trial, largely uncontradictory, disclosed the following facts.