Hugo Black

“ In the final analysis the contention here against recovery as in Yaka is that the longshoreman who is employed to work on a ship by an independent stevedore company instead of the shipowner can recover for the unseaworthiness of the vessel, but a longshoreman hired by the same shipowner to do exactly the same kind of work on an unseaworthy ship cannot recover. We reject this contention as we did before. [5] We cannot accept such a construction of the Act-an Act designed to provide equal justice to every longshoreman similarly situated. ”

“ Luther Jackson was a longshoreman. He died from injuries received in the course of his employment. A federal law clearly imposes an absolute obligation upon his employer to pay compensation to his widow. [6] The law's humanitarian purpose is to ensure that all shall be compensated, regardless of the employer's fault. ”

“ Lykes moved to dismiss on the ground that § 5 of the federal Longshoremen's and Harbor Workers' Compensation Act provides that compensation benefits required by that Act to be given by an employer to a longshoreman or his representative for 'injury or death' 'shall be exclusive and in place of all other liability of such employer to the employee.' [1] The trial court, sustaining Lykes' motion on the ground assigned in it, dismissed petitioner's suit and th § tate Court of Appeal, Fourth Circuit, affirmed. ”