MICHALIC V. CLEVELAND TANKERS, INC., 364 U. S. 325 (1960)

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U.S. Supreme Court

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

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. 364 U. S. 325-332.

271 F.2d 194 reversed.