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U.S. Supreme Court

Senko v. LaCrosse Dredging Corp., 352 U.S. 370 (1957)

Senko v. LaCrosse Dredging Corp.

No. 62

Argued December 12, 1956

Decided February 25, 1957

352 U.S. 370


Petitioner was employed by respondent in dredging operations. The dredge was anchored to the shore at all times during petitioner's employment, and was seldom in transit. Petitioner was injured in the course of his employment while ashore, and brought an action in a state court to recover damages under the Jones Act. Petitioner's evidence tended to show that he was employed almost solely on the dredge, that his duty was primarily to maintain the dredge during its anchorage and for its future trips, and that he would have a significant navigational function when the dredge was in transit. The jury returned a verdict for petitioner, and judgment was entered in his favor.

Held: there was sufficient evidence in the record to support the jury's finding that petitioner was a "member of a crew" entitled to maintain the action under the Jones Act. Pp. 352 U. S. 370-374.

(a) The fact that the dredge in this case was connected to the shore is not controlling, nor is the fact that the injury occurred on land. P. 352 U. S. 373.

(b) In an action under the Jones Act, the finding of a jury that the claimant was a "member of a crew" is final if it has a reasonable basis, whether or not the appellate court agrees with the jury's estimate. Pp. 352 U. S. 373-374.

7 Ill.App. 2d 307,129 N.E.2d 454, reversed and remanded.

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