James Clark McReynolds

“ Any right of recovery against the insurance carrier depends upon the liability of the assured. Whether Cook's employment contemplated that he should work regularly in unloading vessels or only when specially directed so to do is not important. The unloading of a ship is not matter of purely local concern as we have often pointed out. Under the circumstances disclosed, the state lacked power to prescribe the rights and liabilities of the parties growing out of the accident. The fact that the Compensation Law of the state was elective in form does not aid the respondents. ”

“ This was denied upon the ground that the death 'was due to a condition in no way incident to or associated with his employment.' As permitted by the statute, respondents refused to abide by the action of the board and brought suit in the state court. ”

“ Mr. Justice STONE (dissenting) .
As the court, in Northern Coal & Dock Co. v. Strand, 278 U.S. 142, 49 S.C.t. 88, 73 L. Ed. 232, held that one engaged as a stevedore in unloading a ship lying in navigable waters is a seaman within the meaning of the Jones Act, 41 Stat. 1007, 46 USCA § 688; International Stevedoring Co. v. ”