Oliver Wendell Holmes, Jr.

“ If they should be protected in the one case they should be in the other. In view of the broad field in which Congress has disapproved and changed the rule introduced into the common law within less than a century, we are of opinion that a wider scope should be given to the words of the act, and that in this statute 'seamen' is to be taken to include stevedores employed in maritime work on navigable waters as the plaintiff was, whatever it might mean in laws of a different kind. ”

“ The work upon which the plaintiff was engaged was a maritime service formerly rendered by the ship's crew. Atlantic Transport Co. v. Imbrovek, 234 U.S. 52, 62, 34 S.C.t. 733, 58 L. Ed. 1208, 51 L. R. A. (N. S.) 1157. We cannot believe that Congress willingly would have allowed the protection to men engaged upon the same maritime duties to vary with the accident of their being employed by a stevedore rather than by the ship. The policy of the statute is directed to the safety of the men and to treating compensation for injuries to them as properly part of the cost of the business. ”

“ St. § 8337a) :
'Any seaman who shall suffer personal injury in the course of his employment may, at his elelction, maintaion an action for damages at law, with the right of trial by jury, and in such action election, maintain an action for damages at law, or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.'
It is not disputed that the statutes do away with the fellow servant rule in the case of personal injuries to railway employees. Second Employers' Liability Cases, 223 U.S. 1, 49, 32 S.C.t. 169, 56 L. Ed. 327, 38 L. R. A. (N. S.) 44. ”