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SOCONY-VACUUM OIL CO. V. SMITH, 305 U. S. 424 (1939)

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U.S. Supreme Court

Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939)

Socony-Vacuum Oil Co. v. Smith


Argued December 15, 1938

Decided January 3, 1939

305 U.S. 424


1. Assumption of risk is not a defense in a suit brought by a seaman under the Jones Act to recover for injuries resulting from his use, while on duty, of a defective appliance of the ship, when he chose to use the unsafe appliance, knowing it unsafe, instead of a safe method of doing his work, which was known to him. P. 305 U. S. 428.

2. In such cases, the admiralty rule of comparative negligence applies, in mitigation of damages. P. 431.

96 F.2d 98 affirmed.

Certiorari, post, p. 586, to review the affirmance of a judgment recovered by the present respondent, a seaman, in an action for personal injuries brought under the Jones Act.

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