Michalic v. Cleveland Tankers, Inc., 364 U.S. 325 (1960)

Michalic v. Cleveland Tankers, Inc.


No. 31


Argued October 20, 1960
Decided November 7, 1960
364 U.S. 325

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

In this suit by a seaman, under the Jones Act and for unseaworthiness under the general maritime law, to recover from a shipowner for personal injuries sustained while a member of the crew of its ship when an allegedly defective wrench with which he was working slipped off a nut and hit his toe, held: the evidence was sufficient to present a jury question, under the unseaworthiness claim, as to whether the wrench was a reasonably suitable appliance, and, under the Jones Act claim, as to the shipowner’s alleged failure to exercise due care in furnishing a wrench which was not a reasonably suitable appliance, and the trial judge erred in directing a verdict for the shipowner. Pp. 325-332.

271 F.2d 194 reversed.