Robert R. Jordan, Jr. v. United States Lines, Inc., 738 F.2d 48 (1st Cir. 1984). · Go Syfert
Robert R. Jordan, Jr. v. United States Lines, Inc., 738 F.2d 48 (1st Cir. 1984). Cases Citing This Book View Copy Cite
49 citation events (13 in the last 25 years) across 14 distinct courts.
Strongest positive: Brown v. APL Maritime Ltd. (cand, 2023-08-01)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) Brown v. APL Maritime Ltd.
N.D. Cal. · 2023 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 50 (1st Cir. 1986). 11 APL contends that the allegations in this case are akin to those in Russo v. APL Marine 12 Servs., Ltd., where the court dismissed the plaintiff’s claim for unseaworthiness at the summary 13 judgment stage.
discussed Cited as authority (rule) Davis v. Murphy
D. Mass. · 2020 · confidence medium
The party with the burden of proof is entitled to judgment as a matter of law “only if it has established its case by ‘testimony that the jury is not at liberty to disbelieve.’” Id. (quoting Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir. 1984)).
examined Cited as authority (rule) Janes v. Alaska Railbelt Marine, LLC (3×) also: Cited "see, e.g."
Alaska · 2013 · confidence medium
Folger Coffee Co. v. Olivebank, 201 F.3d 632, 636 (5th Cir.2000); Jordan v. U.S. Lines, Inc., 738 F.2d 48, 50 (1st Cir.1984). 8 .
discussed Cited as authority (rule) Flueras v. Royal Caribbean Cruises, Ltd.
Fla. Dist. Ct. App. · 2011 · confidence medium
Brown v. Teresa Marie IV, Inc., 477 F.Supp.2d 266, 274 (D.Me.2007) (quoting Jordan v. U.S. Lines, Inc., 738 F.2d 48, 50 (1st Cir.1984)); Waggon-Dixon, 679 So.2d at 813 (“The question of unseaworthiness is ordinarily one for the jury and only in a rare case can a vessel be unseaworthy as a matter of law.” (quoting Johnson v. Bryant, 671 F.2d 1276, 1279 (11th Cir. 1982))).
discussed Cited as authority (rule) Emhart Industries, Inc. v. Home Insurance
D.R.I. · 2007 · confidence medium
To succeed under these circumstances, the moving party must establish its case by “testimony that the jury is not at liberty to disbelieve,” Jordan v. U.S. Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984), and evidence that is “ ‘uncontradicted and unimpeached.’ ” Serv.
cited Cited as authority (rule) Brown v. Teresa Marie IV, Inc.
D. Me. · 2007 · confidence medium
Further, “ ‘unseaworthiness’ is normally a question of fact to be determined by the jury.” Jordan v. U.S. Lines, Inc., 738 F.2d 48, 50 (1 st Cir.1984).
cited Cited as authority (rule) Campbell v. Higman Barge Lines, Inc.
La. Ct. App. · 2003 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49-50 (1st Cir.1984).
discussed Cited as authority (rule) Marrero v. Goya of Puerto Rico, Inc.
1st Cir. · 2002 · confidence medium
We have said that the party with the burden of proof is entitled to judgment as a matter of law only if it has established its case by “testimony that the jury is not at liberty to disbelieve.” Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (internal quotation marks omitted).
cited Cited as authority (rule) Foster v. Destin Trading Corp.
La. · 1997 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49-50 (1st Cir.1984).
cited Cited as authority (rule) Smith v. United States
D.R.I. · 1996 · confidence medium
See id.; Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984).
discussed Cited as authority (rule) Tarek H. Elgabri, M.D. v. Mary D. Lekas, M.D.
1st Cir. · 1992 · confidence medium
“We have warned trial attorneys countless times ‘that Rule 51 means what it says____’” Linn v. Andover Newton Theological Sch., Inc., 874 F.2d 1, 5 (1st Cir.1989) (quoting Jordan v. United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.1984)).
discussed Cited as authority (rule) Paul S. Dopp v. Htp Corporation, Paul S. Dopp v. Htp Corporation, Paul S. Dopp v. Htp Corporation, Island Resorts, S.A.
1st Cir. · 1991 · confidence medium
See Corriz v. Naranjo, 667 F.2d 892, 896 (10th Cir.1981) (objection to sufficiency of § 1983 damages claim held inadequate to preserve for review issue of whether damage award was duplicative), cert. dismissed, 458 U.S. 1123 , 103 S.Ct. 5 , 73 L.Ed.2d 1394 (1982); Fed.R.Civ.P. 51; see also CVD, Inc. v. Raytheon Co., 769 F.2d 842, 858-59 (1st Cir.1985) (to preserve objection to jury instructions for appeal, aggrieved party must distinctly state the ground of objection before the jury retires), cert. denied, 475 U.S. 1016 , 106 S.Ct. 1198 , 89 L.Ed.2d 312 (1986); Jordan v. U.S. Lines, Inc., 738…
cited Cited as authority (rule) Flag Fables, Inc. v. Jean Ann's Country Flags & Crafts, Inc.
D. Mass. · 1990 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (citations omitted); accord de-Mars v. Equitable Life Assurance Society, 610 F.2d 55, 57 (1st Cir.1979).
discussed Cited as authority (rule) Turner v. Niagara Frontier Transportation Authority
W.D.N.Y. · 1990 · confidence medium
Moreover, “ ‘[ujnseaworthiness’ is normally a question of fact to be determined by the jury.” Jordan v. United States Lines, Inc., 738 F.2d 48, 50 (1st Cir.1984); Johnson v. Bryant, 671 F.2d 1276, 1279 (11th Cir.1982); Dunlap v. G & C Towing, Inc., 613 F.2d 493, 496 (4th Cir.1980).
cited Cited as authority (rule) Refuse & Environmental Systems, Inc. v. Industrial Services of America
D. Mass. · 1990 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (citations omitted); accord deMars v. Equitable Life Assurance Society, 610 F.2d 55, 57 (1st Cir.1979).
cited Cited as authority (rule) Michael B. Shane v. James H. Shane
1st Cir. · 1989 · confidence medium
Properties Corp., - U.S. -, 109 S.Ct. 2064 , 104 L.Ed.2d 629 (1989) (quoting Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984)).
discussed Cited as authority (rule) Albert J. Kinan v. City of Brockton
1st Cir. · 1989 · confidence medium
See Linn v. Andover Newton Theological School, Inc., 874 F.2d 1, 4 (1st Cir.1989); Jordan v. *1038 United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.1984); Elwood v. Pina, 815 F.2d 173, 175-76 (1st Cir.1987); Joia v. Jo-Ja Service Corp., 817 F.2d 908, 919 (1st Cir.1987).
discussed Cited as authority (rule) Edmund H. Linn v. Andover Newton Theological School, Inc., Edmund H. Linn v. Andover Newton Theological School, Inc.
1st Cir. · 1989 · confidence medium
We have warned trial attorneys countless times that “Rule 51 means what it says: the grounds for objection must be stated ‘distinctly’ after the charge to give the judge an opportunity to correct his error.” Jordan v. United States Lines, Inc. 738 F.2d 48, 51 (1st Cir.1984).
discussed Cited as authority (rule) U.S.I. Properties Corp. v. M.D. Construction Company, Inc., Appeal of Compania De Desarrollo Cooperativo
1st Cir. · 1988 · confidence medium
A. Sufficiency of the Evidence We have stated repeatedly the standard to overturn a trial court’s decision not to grant a new trial: the appellant “must show that the verdict was ‘so clearly against the weight of the evidence as to constitute a manifest miscarriage of justice.’ ” Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) and cases cited therein.
cited Cited as authority (rule) Wells Real Estate, Inc. v. Greater Lowell Board of Realtors
1st Cir. · 1988 · confidence medium
See, e.g., Elwood v. Pina, 815 F.2d 173, 175-76 (1st Cir.1987); Jordan v. United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.1984).
discussed Cited as authority (rule) Donal J. Kelley v. Schlumberger Technology Corporation
1st Cir. · 1988 · confidence medium
Rule 51 requires that a party seeking to “assign as error the giving or the failure to give an instruction” must “stat[e] distinctly the matter objected to and the grounds of the objection.” We have held parties to a firm adherence to Rule 51 because the very reason for the rule is to give the trial court an “ ‘opportunity to correct any errors before it is too late.’ ” Brown v. Freedman Baking Co., 810 F.2d 6, 9 (1st Cir.1987) (quoting McGrath v. Spirito, 733 F.2d 967, 968 (1st Cir.1984)); see Elwood, 815 F.2d at 174-76 ; CVD, Inc. v. Raytheon Co., 769 F.2d 842, 858-59 (1st Ci…
discussed Cited as authority (rule) Deep Aggarwal v. Ponce School of Medicine
1st Cir. · 1988 · confidence medium
Clearly, therefore, the party with the burden of persuasion can only prevail by presenting “ ‘testimony the jury is not at liberty to disbelieve....’” Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (quoting Service Auto Supply Co. v. Harte & Co., 533 F.2d 23, 25 (1st Cir.1976)). *21 Dr. Aggarwal testified that he had complied with the contract because it encompassed a special arrangement or agreement with the PSM officials.
discussed Cited as authority (rule) Kenneth E. Mayo v. Schooner Capital Corp.
1st Cir. · 1987 · confidence medium
With regard to the court’s denial of defendants’ new trial motion, we will reverse only if defendants can “show that the verdict was ‘so clearly against the weight of the evidence as to constitute a manifest miscarriage of justice.’ ” Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (quoting Lakin v. Daniel Marr & Son Co., 732 F.2d 233, 237 (1st Cir.1984)).
cited Cited as authority (rule) Simonne Elwood and Cheryl A. Pimental v. Ronald Pina and Lucia Cardoso
1st Cir. · 1987 · confidence medium
See, e.g., Brown v. Freedman Baking Company, Inc., 810 F.2d 6, 9 (1st Cir.1987); Jordan v. United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.1984).
cited Cited as authority (rule) Wallace Motor Sales, Inc., Ralph E. Wallace, and Third-Party v. American Motors Sales Corporation, Wallace Motor Sales, Inc. v. American Motors Sales Corporation
1st Cir. · 1985 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984).
cited Cited as authority (rule) Wallace Motor Sales, Inc. v. American Motors Sales Corp.
1st Cir. · 1985 · confidence medium
Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984).
discussed Cited as authority (rule) Cvd, Incorporated v. Raytheon Company, and Third-Party
1st Cir. · 1985 · confidence medium
“We have held that Rule 51 means what it says: the grounds for objection must be stated ‘distinctly’ after the charge to give the judge an opportunity to correct his error.” Jordan v. United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.1984).
cited Cited as authority (rule) prod.liab.rep.(cch)p 10,662 Michael Plante v. Hobart Corporation and the R.M. Flagg Company
1st Cir. · 1985 · confidence medium
I Viewing the evidence favorably from Plante’s perspective, Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984), we believe it shows the following facts.
discussed Cited as authority (rule) Burten v. Milton Bradley Co.
D.R.I. · 1984 · confidence medium
Jordan v. United States Lines, 738 F.2d 48 at 49 (1st Cir.1984); Curreri v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, 722 F.2d 6, 8 (1st Cir.1983); Robinson v. Watts Detective Agency, 685 F.2d 729, 733 (1st Cir.1982); deMars v. Equitable Life Assurance Society, 610 F.2d at 57 .
cited Cited "see" James T. Sherrill v. United States
6th Cir. · 1987 · signal: see · confidence high
See Jordan v. United States Lines, Inc., 738 F.2d 48, 50 (1st Cir. 1984) ; Joyce v. Atlantic Richfield Co., 651 F.2d 676, 681 (10th Cir. 1981) ; Dunlap v. G. & C.
discussed Cited "see" Insurance Company of North America v. Hassan A. Musa, Appeal of Jamal A. Musa, D/B/A Bargain Shop, Insurance Company of North America v. Hassan A. Musa
1st Cir. · 1986 · signal: see · confidence high
See Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (party with burden of persuasion can obtain directed verdict only where he has established his case by "testimony that the jury is not at liberty to disbelieve"); Mann v. Cannon, 731 F.2d 54, 55 (1st Cir.1984); Service Auto Supply Co. v. Harte & Co., 533 F.2d 23, 24-25 (1st Cir.1976); Federal Insurance Co. v. Summers, 403 F.2d 971, 975-76 (1st Cir.1968); Roche v. New Hampshire National Bank, 192 F.2d 203 (1st Cir.1951); 9 C.
discussed Cited "see" Insurance Co. of North America v. Musa
1st Cir. · 1986 · signal: see · confidence high
See Jordan v. United States Lines, Inc., 738 F.2d 48, 49 (1st Cir.1984) (party with burden of persuasion can obtain directed verdict only where he has established his case by “testimony that the jury is not at liberty to disbelieve”); Mann v. Cannon, 731 F.2d 54, 55 (1st Cir.1984); Service Auto Supply Co. v. Harte & Co., 533 F.2d 23, 24-25 (1st Cir.1976); Federal Insurance Co. v. Summers, 403 F.2d 971, 975-76 (1st Cir.1968); Roche v. New Hampshire National Bank, 192 F.2d 203 (1st Cir.1951); 9 C.
discussed Cited "see, e.g." Merced v. United States
D. Or. · 2024 · signal: see also · confidence medium
The question of unseaworthiness is ordinarily left to the factfinder, and “only in a rare case can a vessel be unseaworthy as a matter of law.” Johnson v. Bryant, 671 F.2d 1276, 1279 (11th Cir. 1982); see also Jordan v. United States Lines, Inc., 738 F.2d 48, 50 (1st Cir. 1986).
discussed Cited "see, e.g." Coastal Fuels of Puerto Rico, Inc. v. Caribbean Petroleum Corp.
1st Cir. · 1996 · signal: see also · confidence medium
While CAPECO did object to the Morton Salt instruction at the district court, that objection was directed at the use of the word “infer” couched in a generalized attack on the instruction as suggesting a presumption not borne out by case law. 2 We have noted before that “Rule 51 3 means what it says: the grounds for objection must be stated ‘distinctly’ after the charge to give the judge an opportunity to correct his [or her] error.” Linn v. Andover Newton Theological School, Inc., 874 F.2d 1, 5 (1st Cir.1989); see also Jordan v. United States Lines, Inc., 738 F.2d 48, 51 (1st Cir.…
discussed Cited "see, e.g." Coastal Fuels of PR v. Caribbean Petroleum
1st Cir. · 1996 · signal: see also · confidence medium
P. 51 states, in pertinent part, that -9- -9- it says: the grounds for objection must be stated 'distinctly' after the charge to give the judge an opportunity to correct his [or her] error." Linn v. Andover Newton Theological School, ____ ____________________________________ Inc., 874 F.2d 1, 5 (1st Cir. 1989); see also Jordan v. United ____ ________ ______ ______ States Lines, Inc., 738 F.2d 48, 51 (1st Cir. 1984).
discussed Cited "see, e.g." Cheshire Medical Center v. W.R. Grace & Co.
1st Cir. · 1995 · signal: see also · confidence low
See Fed.R.Civ.P. 51; see also Jordan v. United States Lines, Inc., 738 F.2d 48 (1st Cir.1984) (holding that appellant’s objection to the trial court’s instruction' on the definition of “unseaworthiness” was not specific enough to satisfy Rule 51).
discussed Cited "see, e.g." Aetna Casualty v. Arsenal Auto Repairs
1st Cir. · 1994 · signal: see also · confidence low
P. Rule 51; see also Jordan v. United States Lines, -46- Inc., 738 F.2d 48 (1st Cir. 1984)(holding that appellant's objection to the trial court's instruction on the definition of "unseaworthiness" was not specific enough to satisfy Rule 51).
discussed Cited "see, e.g." Aetna Casualty v. Arsenal Auto Repairs
1st Cir. · 1994 · signal: see also · confidence low
P. Rule 51; see also Jordan v. United States Lines, Inc., 738 F.2d 48 (1st Cir. 1984)(holding that appellant's objection to the trial court's instruction on the definition of "unseaworthiness" was not specific enough to satisfy Rule 51).
discussed Cited "see, e.g." Aetna Casualty v. Arsenal Auto Repairs
1st Cir. · 1994 · signal: see also · confidence low
P. Rule 51; see also Jordan v. United States Lines, ___ ____ ______ _____________________ -46- Inc., 738 F.2d 48 (1st Cir. 1984)(holding ____ that appellant's objection to the trial court's instruction on the definition of "unseaworthiness" was not specific enough to satisfy Rule 51).
discussed Cited "see, e.g." Aetna Casualty Surety Co. v. P & B Autobody
1st Cir. · 1994 · signal: see also · confidence low
Rule 51; see also Jordan v. United States Lines, Inc., 738 F.2d 48 (1st Cir.1984) (holding that appellant’s objection to the trial court’s instruction on the definition of “unseaworthiness” was not specific enough to satisfy Rule 51).
Retrieving the full opinion text from the archive…
Robert R. JORDAN, Jr., Plaintiff, Appellant,
v.
UNITED STATES LINES, INC., Defendant, Appellee
83-1859.
Court of Appeals for the First Circuit.
Jul 5, 1984.
738 F.2d 48
Joseph G. Abromovitz, Boston, Mass., for plaintiff, appellant., Frank H. Handy, Jr., Boston, Mass., with whom Richard B. Kydd, and Kneeland, Kydd & Handy, Boston, Mass., were on brief, for defendant, appellee.
Campbell, Breyer, Pettine.
Cited by 45 opinions  |  Published
BREYER, Circuit Judge.

Appellant, Robert Jordan, while working on defendant’s ship, unbolted and opened a metal plate on the side of a boiler pump. Steam and hot water escaped, scalding him. He sued, charging Jones Act negligence, 46 U.S.C. § 688, and general maritime law “unseaworthiness.” The jury found for the defendant on both counts.

Jordan claims here that he would not have been hurt if an automatic valve between the ship’s boiler and pump had closed, for then steam could not possibly have entered the pump. For purposes of this appeal he will concede that he did not follow proper operating procedures: (1) he should have manually closed the automatic valve, and (2) he should not have opened the metal plate until liquid in the pump had drained out through the bottom of the pump; then he could have learned (by noticing what came out of the drain) whether the pump contained hot water and steam. But, he says that failure of the automatic valve to close made the ship “unseaworthy.” He points out that a plaintiff injured by “unseaworthiness” is not barred from recovery by his own negligence, even if that negligence might reduce the recovery in the proportion that it contributed to the injury. Hubbard v. Faros Fisheries, Inc., 626 F.2d 196, 200 n. 1 (1st Cir.1980); 1B Benedict on Admiralty § 25 (7th ed. 1983); see Valm v. Hercules Fish Products, Inc., 701 F.2d 235, 236 (1st Cir.1983). And, he argues that the district court should have granted him a directed verdict, or judgment n.o.v., or at least a new trial, on the issue of “unseaworthiness.”

To establish his right to a directed verdict, Jordan (the plaintiff), must meet the “strict” standard of showing, through “testimony that the jury is not at liberty to disbelieve” that there is “but one reasonable conclusion.” Service Auto Supply Co. of Puerto Rico v. Harte & Co., Inc., 533 F.2d 23, 25 (1st Cir.1976); see Gonzalez v. La Concorde Compagnie D’assurances, 601 F.2d 606, 608 (1st Cir.1979). He is entitled to a judgment n.o.v. only if, viewing “evidence and reasonable inferences” in a light most favorable to defendant, they nonetheless “could lead reasonable men to but one conclusion”—in his favor. Curreri v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 251, 722 F.2d 6, 8 (1st Cir. 1983) (quoting de Mars v. Equitable Life Assurance Society of the United States, 610 F.2d 55, 57 (1st Cir.1979)). And, to convince us to overturn a trial court’s decision not to grant a new trial, Jordan must show that the verdict was “so clearly against the weight of the evidence as to constitute a manifest miscarriage of justice.” Lakin v. Daniel Marr & Son Co., 732 F.2d 233, 237 (1st Cir.1984) (quoting Valm v. Hercules Fish Products, Inc., 701 F.2d at 237); see Hubbard v. Faros Fisheries, Inc., 626 F.2d at 200. After carefully reading the record, and in light of these standards, we find the case a close one. Nonetheless, we conclude that Jordan is not entitled to a reversal.

The basic “unseaworthiness” question is whether the “vessel and appurtenances [were] reasonably fit for their intended use.” Hubbard v. Faros Fisheries, Inc., 626 F.2d at 199 (quoting Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 550, 80 S.Ct. 926, 933, 4 L.Ed.2d 941 (I960)). We conclude that there is much in the record to support Jordan’s claim that they were not fit. Jordan’s pump—one of several—apparently had five lines connecting it to the boiler. Four of them had manual “turn off” valves. (They could only be turned off by hand.) The fifth had an “automatic spring loaded valve” which was supposed to close automatically when the pump was not working. This valve could also be turned off manually.

The evidence that this “automatic” valve did not close completely is overwhelming. The pump had not been used for thirty days. Thus, had all five lines been turned[*50] off, the pump would have contained only cold water (from condensation). Jordan testified without contradiction, that just before he started working, he made certain the four manual valves in the other pipes were closed. Other testimony (also uncontradicted) showed that after the accident, someone closed the automatic valve by hand and the steam stopped flowing.

Nonetheless, in the circumstances of this case, the fact that the automatic valve did not close completely does not necessarily show “unseaworthiness.” Defendant presented considerable evidence suggesting that lines with imperfect automatic valves are nonetheless reasonably fit for their intended use. Several witnesses testified that “automatic spring loaded valves” often remain partially open. A deposit of soft material builds up on the closing disk, preventing a tight fit. Turning the valve by hand will likely close it completely. For this reason, the witnesses said, a workman is supposed to close the valve manually before working on the pump. And, the workman is supposed to drain the pump before starting work so that he can see whether or not steam has nonetheless leaked into the pump through the “automatic” valve.

From this evidence a juror might have concluded that the manual valves and pump drain were designed with safety in mind, while the function of the automatic valve was not to protect workmen but to keep most of the steam in the boiler. One of the witnesses testified that the automatic valve had the function of “maintaining the back pressure at a proper level” which “is not a safety function.” A juror might have concluded that the automatic valve need not always have closed perfectly to serve this function. Alternatively, a juror might have thought that, with these manual safety features, the fact that the automatic valve sometimes leaks no more makes the ship “unseaworthy” than does, say, the fact that rust sometimes accumulates on its deck, see Ezekiel v. Volusia Steamship Co., 297 F.2d 215 (2d Cir.1961); or that oil occasionally leaks from its engines, see Dunlap v. G & C Towing, Inc., 613 F.2d 493 (4th Cir.1980); or that its light bulbs sometimes burn out. The Supreme Court, as well as this circuit, has counseled “reasonable fitness” does not mean perfection. Mitchell v. Trawler Racer, Inc., 362 U.S. at 550, 80 S.Ct. at 933; Doucette v. Vincent, 194 F.2d 834, 837-38 (1st Cir.1952). And, evidence that breakdown, when expected, is properly planned for, helps to show that a system is nonetheless reasonably fit for its intended use. “Unseaworthiness” is normally a question of fact to be determined by the jury. Hubbard v. Faros Fisheries, Inc., 626 F.2d at 200; Johnson v. Bryant, 671 F.2d 1276, 1279 (11th Cir.1982); Dunlap v. G & C Towing, Inc., 613 F.2d at 496. We are not prepared to overturn the district court’s conclusion here that the jury’s finding was within the scope of what one might reasonably believe.

Appellant also claims that the judge incorrectly instructed the jury about the meaning of “unseaworthiness” because he failed to explain the strict liability nature of “unseaworthiness” and to distinguish it from negligence. The objection that appellant made to the charge after the judge instructed the jury, however, consisted of the following:

MR. ABROMOVITZ: My biggest concerns come from my Requested Instruction No. 17 and No. 18. Again, this is a novel concept for a first-time jury — novel concept for any jury but for a first-time jury in particular.
THE COURT: I will tell them the owner doesn’t have to know of the unseaworthiness, but I won’t say that (indicating).
END OF CONFERENCE AT THE BENCH
THE COURT: I have been asked to supplement the instructions to you briefly by telling you that if the plaintiff proves that there was an unseaworthiness condition aboard the vessel and that caused his injury he does not have to prove the owner of the vessel knew the unseaworthiness condition existed at the time of the injury.
MR. ABROMOVITZ: Thank you, your Honor.

[*51] This objection does not meet the requirement of Fed.R.Civ.P. 51 which states:

No party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds for his objection.

We note that plaintiff made a later objection, before the judge, answering a question from the jury, defined “unseaworthiness” a second time. But this objection also failed to comply with Rule 51.

We have held that Rule 51 means what it says: the grounds for objection must be stated “distinctly” after the charge to give the judge an opportunity to correct his error. McGrath v. Spirito, 733 F.2d 967 (1st Cir., 1984); Gay v. P.K. Lindsay Co., Inc., 666 F.2d 710, 712 (1st Cir.1981). Since appellant did not comply with this rule (and since we see no “plain error”), we find no basis for reversal in the instructions.

The judgment of the district court is

Affirmed.