Alpha Steamship Corp. v. Cain
Cases that cite this one
43 later published cases cite this decision. The 25 that cite it most often are listed here.
- Lykes Bros. S. S. Co. v. Grubaugh (5th Cir. 1942)
- George Lambert, and Third-Party v. Morania Oil Tanker Corp., and Third-Party v. Lonnie James Pfaudler, Third-Party (2d Cir. 1982)
- Joseph Walters v. Moore-Mccormack Lines, Inc. (2d Cir. 1962)
- Forgione v. United States Nicastro v. United States (3d Cir. 1953)
- Kable v. United States (District Court, S.D. New York 1947)
- Koehler v. Presque-Isle Transp. Co. (2d Cir. 1944)
- Nowery v. Smith (District Court, E.D. Pennsylvania 1946)
- Nelson v. American-West African Line, Inc. (2d Cir. 1936)
- Grant v. Entm't Cruises, Inc. (D.C. Cir. 2018)
- Evans v. United Arab Shipping Company (3d Cir. 1993)
- Evans v. United Arab Shipping Co. S.A.G. (3d Cir. 1993)
- Richard Gallose v. Long Island Railroad Company (2d Cir. 1989)
- Teague v. National Railroad Passenger Corp. (District Court, D. Massachusetts 1989)
- Shirley J. Lindsay, of the Estate of John Douglas Lindsay, Deceased v. McDonnell Douglas Aircraft Corporation, a Corporation (8th Cir. 1972)
- Baggett v. Richardson (United States District Court Eastern District of Louisiana 1972)
- Stewart v. Moore (District Court, S.D. Texas 1971)
- Casbon v. Waterman Steamship Corp. (United States District Court Eastern District of Louisiana 1967)
- John Slaughter v. Atlantic Coast Line Railroad Company (D.C. Cir. 1962)
- Noel v. United Aircraft Corp. (United States District Court for the District of Delaware 1962)
- Ochsrider v. Reading Company (District Court, E.D. Pennsylvania 1959)
- Farmer v. Standard Dredging Corporation (United States District Court for the District of Delaware 1958)
- Gibson v. Kennedy (N.J. 1957)
- Anderson v. W. R. Chamberlin & Co. (Cal. Ct. App. 1956)
- Elise Civil v. Waterman Steamship Corporation (2d Cir. 1954)
- Civil v. Waterman Steamship Corp. (2d Cir. 1954)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the Court.
Respondent was a seaman employed as a fireman on the American steamship Alpha navigating the high seas. The corporation petitioner owned and operated the vessel and the other petitioners were in possession of her. Respondent sued petitioners in the federal court for the Southern District of New York to recover damages for personal injuries caused by an assault upon him by his superior, one Jackson, an assistant engineer in charge of the engine room. The complaint charged and the evidence was sufficient to warrant a finding that Jackson was authorized by defendants to direct plaintiff about his *643 work and that, for the purpose of reprimanding him for tardiness and compelling him to work, Jackson struck plaintiff with a wrench and seriously injured him. That was the basis of fact upon which the jury under the charge of the court was authorized to find for plaintiff. The jury returned a verdict in favor of plaintiff for $12,000 and the judgment thereon was affirmed in the Circuit Court of Appeals.
That court expressed the opinion, 35 F. (2d) 717, 721, that § 33 of the Merchant Marine Act, 46 U. S. C., § 688, and the Federal Employers’ Liability Act, 45 U. S. C., §§ 51-59, did not apply and held defendants liable under the general maritime law without regard to these Acts. But in Jamison v. Encarnacion, decided this day, ante, p. 635, we hold that such an assault is negligence within the meaning of § 1 of the Federal Employers’ Liability Act which is made available to seamen by § 33 of the Merchant Marine.Act. The ruling in that case controls in this. We need not examine the grounds upon which the Circuit Court of Appeals put its decision.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.