Edward Terry Sanford

“ And, plainly, Congress in incorporating the provisions of the Employers' Liability Act into the Merchant Marine Act did not intend to exclude a provision so material, and to permit the uniform operation of the Merchant Marine Act to be destroyed by the varying provisions of the State statutes of limitation. ”

“ This brings us to the question whether a suit brought in a State court to enforce the right of action granted by the Merchant Marine Act may be commenced within two years after the cause of action accrues, or whether a State statute fixing a shorter period of limitation will apply. Section 6 of the Employers' Liability Act provides that 'no action shall be maintained under this Act unless commenced within two years from the day the cause of action accrued.' This provision is one of substantive right, setting a limit to the existence of the obligation which the Act creates. ”

“ The complaint alleged, in substance, that the vessel had been negligently sent upon her voyage when unseaworthy and equipped with defective appliances, in that a pelican hook, which was a necessary part of the chain lashing used in carrying the cargo, had in it a flaw observable upon ordinary inspection ”