McKenna v. Union S. S. Co.

Libelant claims that this cause should be determined in accordance with the laws of New Jersey, as the vessel upon which the accident occurred belongs to a New Jersey corporation. It is not necessary to determine this interesting question, because the New Jersey law upon which libelant bases his claim requires as a prerequisite to the right of recovery that “the injury be caused to an employé by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause,” and in this case I am unable to find that any actual or lawfully imputed negligence of the employer was the natural and proximate causé of the accident which resulted in the injuries of which libelant complains.

I cannot agree with libelant that there was any obligation on the part of the libelee to instruct him in his duties, or in the way to per *285 form them. He shipped as an able-bodied seaman. He is 33 years of age, has been going to sea since he was 14 years old, arid has been for 13 years sailing up and down this coast. His is not the case of a minor, nor of one whose lack of experience on board ship would cast upon…