Hugo Black

“ By assigning too few men to uncoil and carry the heavy rope, the mate caused both the men and the rope to be misused.
This analysis, we believe, is required by a clear recognition of the needs of the seaman for protection from dangerous conditions beyond his control and the role of the unseaworthiness doctrine which, by shifting the risk to the shipowner, provides that protection. If petitioner had been ordered to use a defective pulley in lifting the rope, he would clearly be protected by the doctrine of unseaworthiness. ”

“ The Court of Appeals, with one judge dissenting, affirmed, holding:
'If someone is injured solely by reason of an act or omission on the part of any member of a crew found to be possessed of the competence of men of his calling, there can be no recovery unless the act or omission is proved to be negligent.' 356 F.2d, at 251. ”