[DOWNLOAD] "Smith v. Reinauer Oil Transport Inc." by United States Court of Appeals First Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Smith v. Reinauer Oil Transport Inc.
• Author : United States Court of Appeals First Circuit
• Release Date : January 24, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is a distressing case, in which the administratrix of a drowned seaman is suing for wrongful death under the Jones Act. 46 U.S.C.A. § 688. Nobody knows what exactly happened to him except that his dead body was fished out of the water several months after his disappearance, and that the proven circumstances warrant the inference that he fell into the water accidentally and was accidentally drowned. But as the Supreme Court has frequently reminded us, the Congress has not provided a workmens compensation act for seamen; and so, when action is brought under the Jones Act, the plaintiff has the burden of proof that the injury or death of the seaman has been caused, in whole or in part, by negligence of the employer or or its officers, agents or employees. Nor does the plaintiff get to the jury merely by claiming that the seamans death was caused by the employers negligence, for it is incontrovertible, as we pointed out in New York, New Haven & Hartford R. Co. v. Dox, 1 Cir., 1957, 249 F.2d 572, 573, that

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