James Victor Salem v. United States Lines Company

CLARK and J. JOSEPH SMITH, Circuit Judges,

dissenting.

WATERMAN, Circuit Judge votes to deny with the following statement:

“An examination of the whole record convinces me that the full retrial ordered by the panel majority is desirable. However, with Judge SMITH T do not believe that either the Martin or the Fatovic case stands for the blanket proposition that any and all theories of negligence and/or unseaworthiness which might touch on the broad field of “naval architecture” may be properly submitted to a jury only if supported by expert testimony.’; and I find no reversible error in the failure at the former trial to so charge the jury.”