403 F.2d 217 - Welsh v. Utah Dredging Co. — 403 F.2d 217

How this case has been cited

Cited by 7 later decisions — most recently August 1993

4 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Avram G. Adler, Freedman, Borowsky & Lorry, Philadelphia, Pa., for appellant.

¶2W. Glenn George, Harper, George, Buchanan & Driver, Philadelphia, Pa., for appellees.

¶3Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM.

¶6This appeal has been taken from an order granting the defendant-appellee’s motion for a directed verdict upon the completion of all the testimony. The action was brought under the Jones Act, 46 U.S.C. § 688, and the maritime law by the plaintiff against his alleged employers for injuries suffered while employed as a leverman on the dredge “Alameda”, then operating in the waters of Osaka Bay, Japan.

¶7The District Court found and this court agrees that the trial record conclusively established that neither defendant was the plaintiff’s employer. The evidence, including the employment contract, required the conclusion that the defendants were not in control of the “Alameda” at the time of the accident and that a different company was the plaintiff’s employer.

¶8The facts in the present case do not leave room for a contrary conclusion as was the case in Trent v. Atlantic City Electric Co., 3d Cir. 1964, 334 F.2d 847.

¶9The judgment will be affirmed.