James Clark McReynolds

“ Without contesting the Board's finding in respect of employment, petitioners maintain here that the rights and obligations of the parties must be determined under the maritime law and the state Compensation Act has no application. ”

“ The owner operated the vessel in pursuance of an agreement with the Construction Company which provided: 'You are hereby licensed to operate a ferry service for the transportation of the men engaged upon the construction of the Rikers Island Penitentiary Building.' 'You are to be compensated therefor by collecting fares from the men at the rate of 10¢ a round trip. In the event that your fares do not reach the sum of $60.00 upon any given day, we shall reimburse you for the difference. ”

“ The present attempt is to enforce a liability assumed by employer and insurance carrier under a nonmaritime contract. All parties, as well as the accident, were within the limits of New York state. The contract had no direct relation to navigation; to enforce it against the parties before us will not materially interfere with the uniformity of any maritime rule. There is no claim against the ship or her owner; their rights are not in issue.
Spencer Kellogg & Sons, Inc., v. Hicks, supra, does not support petitioners' position. ”