James Clark McReynolds

“ When an employee working on board a vessel in navigable waters, sustains personal injuries there, and seeks damages from the employer, the applicable legal principles are very different from those which would control if he had been injured on land while unloading the vessel. ”

“ The stevedore's contract of employment did not contemplate any dominant federal rule concerning the master's liability for personal injuries received on land. In Jensen's Case, rights and liabilities were definitely fixed by maritime rules, whose uniformity was essential. With these the local law came into conflict. Here no such antagonism exists. There is no pertinent federal statute; and application of the local law will not work material prejudice to any characteristic feature of the general maritime law. ”

“ In both the Matter of Keator and of Anderson, the employee suffered injuries on land while helping to unload a vessel lying in navigable waters. The Court of Appeals held, when so injured, he was performing a maritime contract, and that for reasons stated in Matter of Doey v. Howland Co., Inc., 224 N. Y. 30, 120 N. E. 53, the Industrial Commission had no jurisdiction to make an award. While making repairs on an oceangoing vessel lying at the dock in navigable waters, Doey fell down the hatchway and sustained fatal injuries. ”

“ Jensen, no state has power to abolish the well recognized maritime rule concerning measure of recovery and substitute stitute therefor the full indemnity rule of the common law. Such a substitution would distinctly and definitely change or add to the settled maritime law ”