Frank Brenha, Jr. v. Alfred J. Svarda

Appellee-plaintiff sued for damages for personal injuries under the provisions of the Jones Act, 46 U.S.C.A. § 688 , claiming negligence and unseaworthiness of the vessel Viking.

Appellee, a fisherman-cook, was injured on the fishing boat Viking out of San Diego, California, on June 28, 1959.. At sea, and in a school of tuna, appellee, regularly the cook, left his post to aid in bringing in fish. He was standing on a rack at the stern of the boat; one of the chains holding the rack gave way as he was bringing in a fish. The fish hit the-deck, the barbless hook on his line left, the fish and struck appellee in his right eye, destroying it.

The sole question involved before us is-whether the dropping of the rack was or was not the proximate cause of the fishhook striking appellee’s eye. Appelleeurges it was; appellants that there could be no proximate cause, because the dropping of the rack could only have lowered the appellee and his pole and thus caused a slack in the line and not a tension.

It is undisputed that the fish caught on appellee’s line was lifted from the-ocean and hit the boat’s deck. The fall of the platform took place while the fish was in the air. Appellants…