Charles Evans Hughes

“ That is, that upon the undisputed facts the decedent must be held as a matter of law to have been a member of a 'crew' as distinguished from a longshoreman or laborer at work upon the vessel. We are unable so to conclude.
The word 'crew' does not have an absolutely unvarying legal significance. As Mr. Justice Story said in United States v. Winn, 3 Sumn. 209, [11] the general sense of the word crew is 'equivalent to ship's company' which would embrace all the officers as well as the common seamen. ”

“ But it was observed that the laws upon maritime subjects sometimes used the word crew in that general sense and 'sometimes in other senses, more limited and restrained'. 'It is sometimes used to comprehend all persons composing the ship's company, including the master; sometimes to comprehend the officers and common seamen, excluding the master; and sometimes to comprehend the common seamen only, excluding the master and officers'. ”

“ For those employees who are entitled to compensation, the remedy under the Act is exclusive. Section 5. [5] This made inapplicable to such employees the provision of Section 33 of the Merchant Marine Act (called the Jones Act) which carried to 'seamen' at their election the benefit of the provisions of the Federal Employers' Liability Act. [6] The bill, which became the Longshoremen's and Harbor Workers' Compensation Act, was at one stage amended so as to include a master and members of a crew of a vessel owned by a citizen of the United States. ”