Potter Stewart

“ Section 7 (b) provides that the compensation remedy shall be exclusive with respect to the Government's liability 'to the employee, his legal representative, spouse, dependents, next of kin, and anyone otherwise entitled to recover damages from the United States * * *.' The Government points out that the general words 'anyone otherwise entitled to recover damages' literally would cover a shipowner entitled to recover divided damages after a mutual fault collision. ”

“ There is no evidence whatever that Congress was concerned with the rights of unrelated third parties, much less of any purpose to disturb settled doctrines of admiralty law affecting the mutual rights and liabilities of private shipowners in collision cases. ”

“ In September of 1955 the United States Army Dredge Pacific and the petitioner's vessel F. E. Weyerhaeuser were in a collision off the Oregon coast. To recover for its resultant damages the petitioner brought this action against the United States under the Public Vessels Act. [1] A cross-libel was filed, and the District Court after a hearing found that the collision had occurred through the mutual fault of both vessels. Applying the settled admiralty rule of divided damages, the court held that each party was entitled to recover from the other one-half of its provable damages and court costs. ”