Kongs

Plaintiff, a seaman, brought this action on the law side of the court under the provisions of the Merchant Marine Act of 1920, § 33 (section 688, USCA, title 46), seeking damages against the defendants for negligence and for loss of wages.

Defendants demur upon several grounds, two only of which I deem it necessary to consider. The first questions the right of plaintiff to claim damages for negligence and for loss of wages in the same aetion; and the second objects that, even if wages may be recovered in the same action, each claim must be separately stated.

1. As we have seen, the action is brought under the provisions of the Merchant Marine Act of 1920, which provides that: “Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.”

The United States Supreme Court has construed this act as modifying the prior maritime’law of the United States by giving to seamen injured through negligence the rights…