of his status at the time of his fatal injury.
II. Plaintiff also alleges error in the court's refusal to submit the question of unseaworthiness to the jury after the finding that he was not a seaman, arguing that in any event, whether a seaman, a longshoreman, or an industrial worker, under the State Workmen's Compensation Act, he is still entitled to the maritime remedy for injury due to unseaworthiness. We refused this because the only defendant here is his employer, and the defendant was not the owner or charterer of the vessel at the time of the injury. The longshoreman's remedy for unseaworthiness is limited to an action in rem against the vessel, or against its owner or charterer. Jackson v. Lykes Bros., S.S. Co., 386 U.S. 731, 87 S. Ct. 1419, 18 L. Ed. 2d 488 ; Reed v. The Yaka, 373 U.S. 410, 83 S. Ct. 1349, 10 L. Ed. 2d 448 ; Thomas v. Peterson Marine Service, Inc., 411 F.2d 592 [5th Cir. 1969].
Nor can we find any authority for allowing plaintiff to assert an unseaworthiness claim against his employer, not the owner of the vessel, by reason of the Pennsylvania Workmen's Compensation Act, which provides an exclusive remedy, both procedural and substantive, for claims of an injured employee against his employer.
III. With reference to plaintiff's charge of prejudice from remarks of defendant's counsel at final argument, we do not have the transcribed record, nor do we recall any remarks that were outside the limits of proper argument, nor any necessity of the court to correct counsel's remarks.
IV. Finally, plaintiff complains of defense counsel's cross-examination of plaintiff's "expert" witness. Plaintiff claims that it was improper, but plaintiff really means that it was effective. Certainly an opponent may cross-examine an expert on matters of credibility, interest or bias, and this cross-examination effectively revealed that plaintiff's expert readily permits his name to be affixed to identical reports and opinions in a multitude of cases brought by plaintiff's counsel. The Pennsylvania courts have designated expert opinion as the lowest form of evidence and in this case the description is apt.
While plaintiff complains that the verdict was against the weight of the evidence because the defendant rested upon cross-examination of plaintiff and his witness without producing evidence, plaintiff must remember that the jury must determine its verdict on the preponderance of the credible evidence, and the question of credibility is solely the province of the jury.
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