Amos W. Bass v. Warren Fish Company

Fifth Circuit

Amos W. Bass v. Warren Fish Company

245 F.2d 43, 1957 U.S. App. LEXIS 4728, 1958 A.M.C. 404

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 10, 1957

Docket16568_1

StatusPublished

Cited by3 cases

This text of 245 F.2d 43 (Amos W. Bass v. Warren Fish Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amos W. Bass v. Warren Fish Company, 245 F.2d 43, 1957 U.S. App. LEXIS 4728, 1958 A.M.C. 404 (5th Cir. 1957).

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Opinion

PER CURIAM.

While the evidence was bare and meager indeed, we think that the issue whether medical aid and attention for a skin disease of appellant was reasonably needed after the vessel was at sea, and, if so, whether the master’s action in proceeding to the Port of Brownsville, Texas, rather than putting into the nearer Port of Progresso, Mexico, was unreasonable with proximately resulting damage were questions for the jury in this seaman’s suit under the Jones Act, 46 U.S.C.A. § 688. Judgment for defendant entered on a verdict instructed by the court on its own motion is reversed and the cause remanded for a new trial on this claim.

Reversed and remanded.

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PER CURIAM.

While the evidence was bare and meager indeed, we think that the issue whether medical aid and attention for a skin disease of appellant was reasonably needed after the vessel was at sea, and, if so, whether the master’s action in proceeding to the Port of Brownsville, Texas, rather than putting into the nearer Port of Progresso, Mexico, was unreasonable with proximately resulting damage were questions for the jury in this seaman’s suit under the Jones Act, 46 U.S.C.A. § 688. Judgment for defendant entered on a verdict instructed by the court on its own motion is reversed and the cause remanded for a new trial on this claim.

Reversed and remanded.

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245 F.2d 43, 1957 U.S. App. LEXIS 4728, 1958 A.M.C. 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amos-w-bass-v-warren-fish-company-ca5-1957.

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