Jesse D. Fleming, and Cross-Appellee v. American Export Isbrandtsen Lines, Inc., and Cross-Appellant

HAYS, Circuit Judge:

Plaintiff, a seaman, brought this suit for damages for personal injuries on the grounds of the unseaworthiness of defendant’s vessel and of defendant’s liability for negligence under the Jones Act, 46 U.S.C. § 688 (1970). Separate trials on the issues of liability and damages were had pursuant to Rule 42(b) of the Federal Rules of Civil Procedure. After plaintiff had presented his evidence, defendant moved to dismiss the complaint and for a directed verdict on both the unseaworthiness and the negligence claims. The district court denied the motions. The jury’s special…