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Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963)
Fitzgerald v. United States Lines Co. No. 463 Argued April 18, 1963 Decided June 10, 1963 374 U.S. 16
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Claiming that he had twisted and strained his back while working for respondent on its ship, a seaman sued respondent for damages based on the negligence of respondent and the unseaworthiness of the ship and for a smaller amount based on respondent’s failure to provide him with medical attention, maintenance and cure and wages. He demanded a jury trial on all the claims. The trial judge granted a jury trial on the Jones Act and unseaworthiness claims, but he held the question of recovery under maintenance and cure in abeyance to try himself after jury trial of the other issues. The jury returned a verdict for respondent on the negligence and unseaworthiness claims. After hearing testimony in addition to that presented to the jury, the judge awarded the seaman a small amount for maintenance and cure. Sitting en banc, the Court of Appeals affirmed by a divided vote.
Held: a maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts. In this case, the seaman is entitled to a jury trial as of right on his maintenance and cure claim, even though the Jones Act claim was decided against him and this Court declined to review that claim on certiorari. Pp. 16-22.
306 F.2d 461, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963) in 374 U.S. 16 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8JDRSKSNQUEBDCI.
MLA: U.S. Supreme Court. "Syllabus." Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963), in 374 U.S. 16, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8JDRSKSNQUEBDCI.
Harvard: U.S. Supreme Court, 'Syllabus' in Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963). cited in 1963, 374 U.S. 16. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8JDRSKSNQUEBDCI.
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