CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


SWANSON V. MARRA BROTHERS, INC., 328 U. S. 1 (1946)

Subscribe to Cases that cite 328 U. S. 1 RSS feed for this section

U.S. Supreme Court

Swanson v. Marra Brothers, Inc., 328 U.S. 1 (1946)

Swanson v. Marra Brothers, Inc.

No. 405

Argued February 1, 1946

Decided April 22, 1946

328 U.S. 1

Syllabus

1. A longshoreman in the employ of a stevedoring company, while on a pier and engaged in loading cargo on a ship lying alongside in a harbor, was struck by a life raft which fell from the vessel and injured him.

Held, he has no right of recovery against his employer under the Jones Act, 41 Stat. 1007, 46 U.S.C. § 688. International Stevedoring Co. v. Haverty, 272 U. S. 50; O'Donnell v. Great Lakes Dredge & Dock Co., 318 U. S. 36, differentiated. Pp. 328 U. S. 2, 328 U. S. 7.

2. By legislation subsequent to the Jones Act and the decision in the Haverty case, Congress has expressed its purpose to restrict the liability of the employer under federal statutes to injuries to his employees occurring on navigable waters or inflicted upon an employee who is either a master or a member of a crew of the vessel, injured in the course of his employment as such. P. 328 U. S. 5.

3. The effect of the Longshoremen's and Harbor Workers' Compensation Act of March 4, 1927, 33 U.S.C. 901 et seq., is to confine the benefits of the Jones Act to the members of the crew of a vessel plying in navigable waters, and to substitute for the right of recovery recognized by the Haverty case only such rights to compensation as are given by the Longshoremen's Act. P. 328 U. S. 7.

4. Since the Longshoremen's Act is restricted to compensation for injuries occurring on navigable waters, it excludes from its own terms and from the Jones Act any remedies against the employer for injuries inflicted on shore. P. 328 U. S. 7. chanroblesvirtualawlibrary

Page 328 U. S. 2

5. It leaves the injured employees in such cases to pursue the remedies afforded by the local law, which this Court has often held permits recovery against the employer for injuries inflicted by land torts on his employees who are not members of the crew of a vessel. P. 328 U. S. 7.

6. It leaves unaffected the rights of members of the crew of a vessel to recover under the Jones Act when injured while pursuing their maritime employment, whether on board or on shore. Pp. 328 U. S. 7-8.

149 F.2d 646 affirmed.

Petitioner, a longshoreman in the employ of respondent stevedoring company, sued to recover under the Jones Act, 41 Stat. 1007, for injuries suffered while on a pier and engaged in loading cargo on a vessel lying alongside in the harbor. The District Court dismissed the complaint. 57 F.Supp. 456. The Circuit Court of Appeals affirmed. 149 F.2d 646. This Court granted certiorari. 326 U.S. 710. Affirmed, p. 328 U. S. 8.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED