Maiden

The libel in this action sets out three separate causes of action;

(a) The first cause of action for Jones Act, 46 U.S.C.A. § 688 , negligence and for the General Maritime remedy of unseaworthiness ;

(b) The second cause of action for the ' General Maritime implied contractual” right of maintenance and cure; and

(c) The third cause of action for “unearned” wages to the end of the voyage. (This claim was withdrawn at the trial.)

The facts:

The libelant was making an inspection of the S S Loma Victory’s gear, and deck , cargo of airplanes at about 4:00 p. m.... on January 9,1953. At about 4:17 p. m.,-; while he was inspecting the anchor wind- , lass, a heavy sea broke over the bow of; the ship, striking libelant, and throwing., *431 him against the windlass causing serious personal injuries. At the time of the accident the vessel was making headway with engine revolutions of 50 R. P. M., and the force of the wind was from Force 6 to 7.

In order for libelant to recover general damages on his first cause of action, he must sustain the burden of proof that the vessel’s personnel were negligent or that the vessel was unseaworthy, proximately resulting in his injuries.

The vessel…