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BRAEN V. PFEIFER OIL TRANSPORTATION CO., INC., 361 U. S. 129 (1959)

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U.S. Supreme Court

Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959)

Braen v. Pfeifer Oil Transportation Co., Inc.

No. 32

Argued November 16, 1959

Decided December 14, 1959

361 U.S. 129

Syllabus

Petitioner, a mate on respondent's barge, was ordered to do some carpentry work on a raft used to facilitate chipping, painting, and welding on respondent's vessels, but which was not being used at the time to repair the barge on which petitioner was mate. While on a catwalk used to board or leave the barge, and while attempting to move the raft into position for boarding preparatory to carrying out this order, petitioner was injured when the catwalk gave way.

Held: he was injured while acting "in the course of his employment," and he was entitled to recover from respondent under the Jones Act. Pp. 361 U. S. 129-133.

(a) At the time of his injury, petitioner had a status as a seaman and as a member of the crew of his vessel. Pp. 361 U. S. 131-132.

(b) The fact that he was injured while not on his vessel is immaterial. Pp. 361 U. S. 132-133.

(c) Petitioner was acting "in the course of his employment," within the meaning of the Jones Act. P. 361 U. S. 133.

23 F.2d 147 reversed.





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