Blake

Blake v. W. R. Chamberlin & Co.

Good Law
176 F.2d 511·1949 A.M.C. 1591·1949 U.S. App. LEXIS 3756
United States Court of Appeals for the Ninth CircuitAugust 2, 1949No. 11883California1,506 words

Opinion

Lead Opinion

Stephens, J.

Harold B. Blake, a seaman, is appealing from a judgment against him and in favor of W. R. Chamberlin & Co., appellee, in an action to recover compensation for personal injuries allegedly sustained as a result of appellee’s negligent failure to provide adequate medical care for Blake who -became ill while employed by appellee, and for maintenance and cure. Appellee, as its primary defense, pleaded and introduced into evidence without objection a written general release signed by appellant. During' the trial, appellant, after adducing proof on the matter of the taking of the release, moved that it be stricken. The motion was denied. At the conclusion of the trial, counsel unsuccessfully renewed the motion. Thereafter, the jury returned a general verdict for W. R. Chamberlin & Co. and answered the following written interrogatories in the manner' indicated (the special findings were requested by appellant’s counsel) r

“Do you find that the release is a valid one? Yes

“Do you find the release valid as to the first cause of action for damages? Yes

“Do you find the release valid as to the second cause of action for maintenance? Yes”

Thereupon appellant moved ■ for a new trial,' which…

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