Seaboard Properties, Inc. v. Herbert H. Bunchman

WISDOM, Circuit Judge.

This is a tort action for damages suffered by the appellee when he broke his back in a fishing boat on January 22, 1955, in an accident that occurred on navigable waters about a mile off the coast of Florida. Jurisdiction is based on diversity of citizenship, 28 U.S.C.A. § 1332, and, insofar as a maritime tort is involved, on the Saving to Suitors Clause, 28 U.S.C.A. § 1333(1). The only issue is whether the questions of agency and of assumption of risk should have gone to the jury. We find, in the circumstances of this case, that these were proper questions for the jury.

A…