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Abstract

Plaintiff and five others were hired to load a lake freighter with cargo for winter storage. They were hired by the day and none lived aboard the vessel, which had been out of commission for a year. Plaintiff assisted in towing the vessel to the elevator dock and worked on deck while the cargo was being loaded. While shifting the vessel along the dock, plaintiff's hand was crushed in a winch. Plaintiff brought an action at law under the Jones Act. Held, plaintiff is not a seaman within the terms of that act, nor "a member of a crew" so as to preclude recovery under the Longshoremen's Act. Hawn v American S.S. Co., (C. C. A. 2d, 1939) 107 F. (2d) 999.

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