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De Zon v. American President Lines, Ltd., 318 U.S. 660 (1943)

De Zon v. American President Lines, Ltd.

No. 436

Argued February 4, 1943

Decided April 5, 1943

318 U.S. 660


1. A seaman who, in the course of his employment, suffers physical injury due to the neglect or incompetence of the ship's doctor in treating his illness, has a right of action against the shipowner under the Jones Act. P. 318 U. S. 668.

2. To such an action it is no defense that the shipowner used due care in selecting the ship's doctor. P. 318 U. S. 664.

3. In this case, involving the right of a seaman to recover for injury to and for the loss of an eye, alleged to have resulted from negligence of the ship's doctor in his diagnosis, or in his failure to send the seaman to a hospital at a port of call, there was not sufficient evidence of negligence to require submission to the jury. P. 318 U. S. 671.

129 F.2d 404 affirmed.

Certiorari, 317 U.S. 617, to review a judgment affirming a judgment on a directed verdict in an action for damages for personal injuries brought by a seaman against his employer, the above-named steamship company.

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