Graham v. Alcoa S. S. Co., Inc

STALEY, Circuit Judge.

This is a seaman’s action at law for damages for the consequences of the alleged negligent failure of defendant to provide maintenance and cure or, more specifically, to provide an operation to correct a ventral hernia: 1 After his evidence was in, plaintiff’s case was dismissed, and this appeal requires that we decide whether the question of defendant’s negligence should have been left for decision by the jury. We think the result reached by the district court was correct.

Considering the evidence in the light most favorable to plaintiff, the facts are as follows ;

Plainti…