Fair v. Mississippi Valley Barge Line Co.

GARZA, District Judge.

This action was brought by the Plaintiff as surviving widow and Adminis-tratrix of the Estate of John A. Fair, Deceased, against the owner and operator of the cargo vessel M/S TRANS-GULF for damages under the Texas Survival Statute, Art. 5525, Vernon’s Ann.Tex. Civ.St., and the Jones Act, 46 U.S.C.A. § C88. Liability is predicated on Defendant’s negligence which caused, at least in part, the illness and eventual death of Plaintiff’s decedent who was a seaman working as an oiler aboard Defendant’s vessel.

The case was tried before the Court, and the attorneys for the…