Bobby Joe Crafton v. Tennessee Valley Sand & Gravel Company

Bobby Joe CRAFTON, Plaintiff-Appellee, v. TENNESSEE VALLEY SAND & GRAVEL COMPANY, Defendant-Appellant

Crafton v. Tenn. Valley Sand & Gravel Co., 408 F.2d 1096 (5th Cir. 1969)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: March 11, 1969
Docket: No. 26833
Judges: Bell, Ainsworth, Godbold
Citations: 408 F.2d 10961969 U.S. App. LEXIS 13307

Opinion — Per Curiam

PER CURIAM:

Pursuant to Rule 18 of the Rules of the Court, this case has been placed on the summary calendar for disposition without oral argument.

Crafton brought suit under the Jones Act, 46 U.S.C.A. § 688 . The district court found that he was a “seaman” acting in the course of his employment as a member of the crews of the Dredge Emma Coffey and the Dredge McCullough when he was injured while temporarily assigned to a newly constructed dredge being prepared for use by his employer.

Since recovery under the Jones Act is predicated on the injury taking place “in the course of employment”, the exact place of injury is not controlling. Magnolia Towing Company v. Pace, 5 Cir., 1967, 378 F.2d 12 . The only requirement is that the seaman be “doing the work of his employer pursuant to his employer’s orders.” Braen v. Pfeifer Oil Transportation Company, 1959, 361 U.S. 129, 133 , 80 S.Ct. 247, 250 , 4 L.Ed.2d 191 . This presupposes that the injured person is a seaman within the meaning of the Act. The sole issue here, as it was in the district court, is whether Crafton was a seaman. The conclusion of the district court that he was at the time of his injury is sustained by the underlying facts. The findings are not clearly erroneous. There the matter ends.

Affirmed.

. In order to establish a docket control procedure, the Fifth Circuit adopted new Rules 17-20 on December 6, 1968. See Wittner v. United States, 5 Cir., 1969, 406 F.2d 1165 , Fn. 1 and Appendix thereto.

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Cited by 14 cases

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Relies on it most ⓘ

Taylor v. Packer Diving and Salvage Company342 F. Supp. 365 (E.D. La. 1971)
Vincent v. Harvey Well Service309 F. Supp. 964 (E.D. La. 1970)
Harris J. Doucet v. Wheless Drilling Company467 F.2d 336 (5th Cir. 1972)
Higginbotham v. Mobil Oil Corp.545 F.2d 422 (5th Cir. 1977)
Gabriel Vincent v. Harvey Well Service441 F.2d 146 (5th Cir. 1971)
Noble Drilling Corporation v. Clyde J. Smith412 F.2d 952 (5th Cir. 1969)

Most recent

McInnis v. Parker Drilling Co.905 So. 2d 1153 (La. Ct. App. 2005)
Brown v. Cliff's Drilling Co.638 F. Supp. 1009 (E.D. Tex. 1986)
Seymour v. Transocean Marine, Inc.421 So. 2d 325 (La. Ct. App. 1982)
Percle v. Western Geophysical Co. of America528 F. Supp. 227 (E.D. La. 1981)
Guidry v. South Louisiana Contractors, Inc.614 F.2d 447 (5th Cir. 1980)
Mrs. Francis Nell Higginbotham, Admx., Etc., of Marshall K. Higginbotham, Deceased, Etc. v. Mobil Oil Corporation545 F.2d 422 (5th Cir. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Braen v. Pfeifer Oil Transp. Co., 361 U.S. 129 (1959)	91
	Magnolia Towing Co. v. Pace, 378 F.2d 12 (5th Cir. 1967)	36
	Wittner v. United States, 406 F.2d 1165 (5th Cir. 1969)	34

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