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accident action administration admiralty law Affirmed amendment amount assault attorney Board Calif California cause Circuit Judge citing claim claimant common law comparative negligence contributory negligence Convention Court of Appeals damages death benefits deceased decision defendant defendant's District Court earning employee employment evidence excessive fact federal fractured guest statute Held Industrial Commission injured workers Jones Act jurisdictions jury awarded Justice killed Labor Law Review lawyers legislation liability maintenance and cure Minn Missouri NACCA Editor NACCA Law Journal NACCA members negligence Ohio payments pensation Personal Injury Tort plaintiff railroad recovery Rehearing denied remittitur reported result Reversed Riesenfeld rule San Francisco seaman silicosis Sindell statute Street suicide suit Supp Supreme Court TACA Texas third-party tion tort trial court trial de novo trial judge twilight zone United States Court verdict wages widow Workmen's Compensation Workmen's Compensation Act wrongful death York