Versia Mae McClannon Jones, Administratrix of the Estate of Fleming Jones v. Terrebonne Menhaden, Inc.

Fifth Circuit

Versia Mae McClannon Jones, Administratrix of the Estate of Fleming Jones v. Terrebonne Menhaden, Inc.

429 F.2d 575, 1970 U.S. App. LEXIS 8331

Court of Appeals for the Fifth Circuit·Decided July 6, 1970·No. 28998_1·Published·Cited by 1 cases

Opinion

PER CURIAM:

This is an appeal from the dismissal of a suit under Rule 41(b), F.R.Civ.P., at the close of plaintiff’s evidence. Plaintiff sued in her capacity as administratrix to recover damages for the wrongful death of her husband. The action was based on alleged negligence and unseaworthiness, and was brought under the Jones Act, 42 U.S.C.A. § 688 and the general maritime law. The matter was tried before the court without a jury. The motion to dismiss was granted for failure of proof of negligence or unseaworthiness. Findings of fact and conclusions of law were entered in support of the dismissal.

The dismissal was clearly correct. 1 The burden to prove negligence or unseaworthiness was upon plaintiff. See Bowser v. Lloyd Brasileiro Steamship Co., 5 Cir., 1969, 417 F.2d 779; and McQuiston v. Freighters and Tankers Steamship Co., 1964, 327 F.2d 746. There was no such proof under any theory advanced.

Affirmed.

1

. We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This is an appeal from the dismissal of a suit under Rule 41(b), F.R.Civ.P., at the close of plaintiff’s evidence. Plaintiff sued in her capacity as administratrix to recover damages for the wrongful death of her husband. The action was based on alleged negligence and unseaworthiness, and was brought under the Jones Act, 42 U.S.C.A. § 688 and the general maritime law. The matter was tried before the court without a jury. The motion to dismiss was granted for failure of proof of negligence or unseaworthiness. Findings of fact and conclusions of law were entered in support of the dismissal.

The dismissal was clearly correct. 1 The burden to prove negligence or unseaworthiness was upon plaintiff. See Bowser v. Lloyd Brasileiro Steamship Co., 5 Cir., 1969, 417 F.2d 779; and McQuiston v. Freighters and Tankers Steamship Co., 1964, 327 F.2d 746. There was no such proof under any theory advanced.

Affirmed.

1

. We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

Versia Mae McClannon Jones, Administratrix of the Estate of Fleming Jones v. Terrebonne Menhaden, Inc., 429 F.2d 575, 1970 U.S. App. LEXIS 8331 (5th Cir. 1970).

Pincite

429 F.2d 575 (Versia Mae McClannon Jones, Administratrix of the Estate of Fleming Jones v. Terrebonne Menhaden, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related