William O. Douglas

“ But when private rights not rooted in the Constitution are at issue, it is surprising to find law made by new judges taking the place of law made by prior judges.
Up to today operational negligence has been one sturdy type of unseaworthiness. ”

“ Trawler Racer, 362 U.S. 539, 550, 80 S.Ct. 926, 933, 4 L.Ed.2d 941, about the 'complete divorcement of unseaworthiness liability from concepts of negligence' related to a condition which made the vessel not 'reasonably suitable for her intended service.' Yet alongside that conventional type of unseaworthiness there developed the concept of unseaworthiness resulting from operational negligence.
Indeed, the doctrine of operational negligence which causes unseaworthiness has had a sturdy growth. ”

“ Justices Roberts and Frankfurter bitterly expressed that view in Mahnich when Pinar del Rio was overruled-a freak decision not in keeping with the mainsteam of the law that had come before.
Changes in membership do change decisions; and those changes are expected at the level of constitutional law. ”