(DOWNLOAD) "Weilbacher v. Winchester" by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Weilbacher v. Winchester
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 06, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiff, a merchant seaman, instituted suit under the Jones Act, 46 U.S.C.A. § 688, against J. H. Winchester & Co., Inc. to recover for personal injuries suffered aboard the S. S. William A. Graham while the vessel was being operated by Winchester as general agent of the United States and for maintenance and cure. A jury trial was had on January 12 and 13, 1949, resulting in a verdict in favor of the defendant on the claim for personal injuries but in favor of the plaintiff for maintenance and cure. Each party filed notice of appeal and while the appeal was pending the Supreme Court decided in Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 69 S. Ct. 1317, 93 L. Ed. 1692, that a general agent operating a vessel for the United States was not liable under the Jones Act for injuries to a crew member. The McAllister decision made it plain that the plaintiff could not succeed in his appeal, and the parties negotiated with the object of settling the case. While the negotiations were in progress, the parties were aware that legislation was before the Congress to grant relief to litigants who had prosecuted their suits against general agents in reliance on Hust v. Moore-McCormack Lines, 328 U.S. 707, 66 S. Ct. 1218, 90 L. Ed. 1534. Before the enactment of any legislation a settlement between Weilbacher and Winchester was made whereby the latter agreed to pay the plaintiff the amount awarded him by the jury for maintenance and cure and both parties entered into a stipulation for the dismissal of their appeals. An order approving the stipulation was submitted to the district court and signed on September 28, 1949.
 "Weilbacher v. Winchester" by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free){kind=link}