Byron Borgen v. Richfield Oil Corporation

Appellant (sometimes herein referred to as plaintiff) sought damages in the court below for personal injuries allegedly suffered while employed as a seaman aboard the vessel S. S. David E. Day, a T-2 oil tanker owned by defendant corporation. Plaintiff relied on two causes of action — the first based on the alleged negligence of the appellee ( 46 U.S.C.A. § 688 , commonly known as the Jones Act) and the second, in admiralty, based upon alleged unseaworthiness. There was diversity of citizenship ( 28 U.S.C. § 1332 ).

The trial was held before a jury, and at the conclusion of appellant’s evidence, appellee moved, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, 28 U.S.C., for dismissal of appellant’s action on the ground that, upon the facts and the law, the appellant had shown no right to relief. Appellee’s motion was granted and the Court’s Order of Dismissal entered. Rule 41(b) provides that a dismissal upon the ground set forth operates as an adjudication upon the merits. Appeal from final decisions of the District Courts is vested in the Court of Appeals by 28 U.S.C. § 1291 .

Plaintiff’s alleged injuries occurred on November 11, 1955, sometime in the early…