Alfred J. Lind v. American Trading & Production Corporation, of the Steamship Virginia Trader, Her Boilers, Engine, Tackle, Apparel and Furniture

Parties

The libelant Alfred J. Lind (Lind), aged 23 years, with about “seven years, on and off” experience as a seaman, on January 13, 1958, signed regular shipping articles on the S.S. Virginia Trader (Vessel) at the Port, of Vancouver, Washington, as an ordinary seaman for a foreign voyage to India, with way ports and return. American Trading & Production Corporation is the claimant of the Vessel following her libel and attachment within the District of Western Washington on October 4, 1958.

Jurisdiction

Lind brought this action in admiralty under the Jones Act, Title 46 U.S.C.A. § 688 , based upon alleged negligence on the part of the master of Vessel, acting through the boatswain, and alleged unseaworthiness of the vessel proximately resulting to his alleged personal injury.

The District Judge entered a judgment adverse to Lind upon his contentions of liability, from which Lind appeals, and this Court has jurisdiction pursuant to Title 28 U.S.C.A. § 1291 .

Statement of the Case

Shortly before noon of January 24, 1958, while the Vessel was under way on the high seas, about three days out of Honolulu, Hawaii, the boatswain directed Lind and three of his fellow crew members…