Walter Herbert MacArtney v. Compagnie Generale Transatlantique, a Corporation

This is a suit by a longshoreman, a citizen of Oregon, against a foreign corporation seeking to recover for injuries allegedly sustained on October 10, 1954, aboard a vessel owned by defendant while plaintiff was engaged in unloading heavy crates of glass from said vessel, using a dolly in doing so. The action is based both upon unseaworthiness of the vessel and negligence on the part of defendant, in that it was charged the dolly was defective. Jurisdiction of the District Court for the District of Oregon arises under 28 U.S.C. § 1332 (a)(2)— suits between citizens of a state and foreign states or citizens thereof. The case was tried to a jury which rendered a verdict for defendant, and answered special interrogatories as follows:

The appeal was timely filed. This Court has jurisdiction under 28 U.S.C. §§ 1291 and 1294.

Appellant urges five specifications of error, the second of which is waived by him.

I — The Failure to Specify the General Damages Claimed.

The third error claimed is the failure of the court to mention to the jury the amount of general damages demanded by appellant.

The short answer to any claimed error with respect to damages is that presumably the jury…