Karl Weiss, Jr. v. Central Railroad Company of New Jersey

CLARK, Chief Judge.

Plaintiff brought this action for negligence under the Jones Act, 46 U.S.C. § 688, and maintenance and cure under the general maritime law. The court sub-rnitted the count upon the Jones Act to a jury, which returned a verdict for defendant. At plaintiff’s request the judge then considered the count for maintenance and cure and granted judgment for plaintiff for $5,000 and costs.1 Defendant has appealed on the ground that >laintiff was not a seaman.

Defendant operates ferryboats crossing the Hudson River between Jersey City, New Jersey, and Liberty Street, New York City.…