Galarza v. Alcoa Steamship Co.

Judgment entered upon a verdict of a jury unanimously reversed, on the law, on the facts, and in the interests of justice, the judgment vacated, and a new trial directed, with costs and disbursements to abide the event. On the appeal from the judgment for plaintiff in this action brought under the Jones Act (U. S. Code, tit. 46, § 688) to recover for injuries sustained 'by a seaman in March, 1963, the critical question is whether the pleadings and proof properly support a substantial award. The plaintiff claimed an injury to his back and alleged that his present condition was due to the…