Edward D. Pratt, Jr. v. United States of America

ALDRICH, Circuit Judge.

This is an appeal from the granting of a summary judgment resulting in dismissal. Pratt, the appellant, received personal injuries on December 19, 1958 while a seaman aboard the F/V Sylvester F. Whalen, hereafter vessel, owned by Sylvester F. Whalen, Inc., hereafter owner. He sued the owner in personam in the state court in March 1959 in separate counts, under the Jones Act, 46 U.S.C. § 688, and because of unseaworthiness of the vessel, and for maintenance and cure. In December 1960 he executed a general release of all claims for $3,000. The insurance policy written by…