William O. Douglas

“ Until today it has not been intimated in any opinion of the Court that I know of that a seaman may recover under the Jones Act for injuries arising out of activities unrelated to the maintenance or operation of his vessel, and not incidental to its affairs. In other words, the status of being a seaman does not alone bring the Jones Act into play. The character of the activities giving rise to the injury complained of is also an indispensable element to the existence of a federal right to relief under this statute. ”

“ Pennsylvania R. Co., 351 U.S. 502, 76 S.Ct. 958, 100 L.Ed. 1366, the remedy given by that Act applies only 'to any person suffering injury while he is employed by such (interstate) carrier in such commerce.' Under the Jones Act the remedy is given to ' (a) ny seaman who shall suffer personal injury in the course of his employment.' I think this means that a seaman's injury must have arisen out of his work as a seaman, just as a railroad worker's injury must have arisen out of his employment in interstate commerce. ”

“ The barge was moored to adjoin the open water side of the Winisook, the crew of the barge using a catwalk around the sides of the Winisook whenever they left or boarded the barge. The morning after the barge was moored, petitioner's supervisor ordered him to lay some decking on the raft, as petitioner had experience as a carpenter. Petitioner accordingly prepared to go to work on this new job assignment. ”