Sundberg

Adolph Sundberg as plaintiff in the district court sought damages under the Jones Act, 46 U.S.C.A. § 688 , for personal injuries resulting from the alleged negligence of Washington Fish & Oyster Company as defendant, or in the alternative recovery under the rules of maritime law for wages, maintenance and cure. The court granted the defendant’s motion for a directed verdict against plaintiff and for the dismissal of the cause with prejudice. Sundberg appeals.

Appellant was a commercial fisherman employed by appellee to fish on shares in Alaskan waters during the 1940 season and started upon the trip to Alaska from Seattle, Washington, on appellee’s motorship “Commonwealth,” with the understanding that appellant pay no fare but serve one watch a day.

The ship was 110 feet long by 28 feet beam and was so heavily laden that there was little deck passageway. The second day of the voyage Taylor and Varner, two men on the vessel, fired several shots from rifles. The master warned them to put the guns away while in Canadian waters, for, as he said, “we might get into trouble.” There was no more shooting in Canadian waters. Thereafter, with full knowledge of the master, several shots a…