Leo A. Zientek v. Reading Company

McLAUGHLIN, Circuit Judge.

The chief question here is whether there was substantial evidence on which the jury could reasonably find that plaintiff-appellee was “a master or member of a crew of any vessel”. See McKie v. Diamond Marine Co., 5 Cir., 1953, 204 F.2d 132; Schantz v. American Dredging Co., 3 Cir., 1943, 138 F.2d 534; Carumbo v. Capo Cod S. S. Co., 1 Cir., 1941, 123 F.2d 991. If there was not, his exclusive remedy is under the Longshoremen’s and Harbor Workers’ Compensation Act, 1 Swanson v. Marra Bros., 1946, 328 U.S. 1, 66 S.Ct. 869, 90 L.Ed. 1045, and this suit under the Jones Act…