McAllister v. Magnolia Petroleum Co.,
Annotate this Case
357 U.S. 221 (1958)
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U.S. Supreme Court
McAllister v. Magnolia Petroleum Co., 357 U.S. 221 (1958)
McAllister v. Magnolia Petroleum Co.
Argued April 1, 1958
Decided June 23, 1958
357 U.S. 221
1. Where an action for unseaworthiness is combined with an action under the Jones Act, a court cannot apply to the former a shorter period of limitations than Congress has prescribed for the latter. Pp. 357 U. S. 221-226.
2. In this case, the trial judge's instructions to the jury on the issue of unseaworthiness were erroneous, since they carried the incorrect implication that petitioner could recover for unseaworthiness only if the defect was of such quality that it rendered the whole vessel unfit for the purpose for which it was intended. Pp. 357 U. S. 226-227.
290 S.W.2d 313, judgment vacated and cause remanded.