U.S. Court of Appeals for the Fifth Circuit, 1957

Amos W. Bass v. Warren Fish Company

Amos W. Bass v. Warren Fish Company
U.S. Court of Appeals for the Fifth Circuit · Decided June 10, 1957 · Borah, Rives, Brown
245 F.2d 43; 1957 U.S. App. LEXIS 4728; 1958 A.M.C. 404 (Federal Reporter, Second Series)

Counsel

Arthur Roth, Miami, Fla., for appellant., Joe J. Harrell, Pensacola, Fla., Jones & Harrell, Pensacola, Fla., for appellee.

Amos W. Bass v. Warren Fish Company

Cases that cite this one

2 later published cases cite this decision.

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Opinion

PER CURIAM.

While the evidence was bare and meager indeed, we think that the issue whether medical aid and attention for a skin disease of appellant was reasonably needed after the vessel was at sea, and, if so, whether the master’s action in proceeding to the Port of Brownsville, Texas, rather than putting into the nearer Port of Progresso, Mexico, was unreasonable with proximately resulting damage were questions for the jury in this seaman’s suit under the Jones Act, 46 U.S.C.A. § 688. Judgment for defendant entered on a verdict instructed by the court on its own motion is reversed and the cause remanded for a new trial on this claim.

Reversed and remanded.

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