Senko v. LaCrosse Dredging Corp.
Senko v. LaCrosse Dredging Corp.
Opinion of the Court
delivered the opinion of the Court.
Petitioner was employed by respondent to assist with dredging operations being conducted by respondent in a slough dug to by-pass a rocky section of the Mississippi
The jury returned a verdict for petitioner and judgment was entered in his favor. On appeal, the Fourth District Appellate Court of the State of Illinois held that there was insufficient evidence to support the finding that petitioner was a member of a crew.
In South Chicago Co. v. Bassett, 309 U. S. 251, we said that whether or not an employee is “ 'a member of a crew’ turns on questions of fact” and that, if a finding on this question has evidence to support it, the finding is con-
The appellate court characterized petitioner as
“an employee whose principal duty is to load supplies on a vessel at anchor, and to perform incidental tasks of a common labor character . . . .” 7 Ill. App. 2d, at 313, 129 N. E. 2d, at 457.
They also noted that petitioner lived ashore and was not aboard except when the vessel was anchored. The court concluded that petitioner was not “naturally and primarily on board to aid in navigation” and could not “maintain an action under the Jones Act.” 7 Ill. App. 2d, at 313-314, 129 N. E. 2d, at 457.
It is true that the dredge was anchored to the shore at the time of petitioner’s injury and during all the time petitioner worked for respondent. It is also true that this dredge, like most dredges, was not frequently in transit. We believe, however, that there is sufficient evidence in the record for the jury to decide that petitioner was permanently attached to and employed by the dredge as a member of its crew.
Petitioner’s witnesses testified that he was known as a “deckhand” among rivermen. They said that he was hired to clean and take care of the deck, splice rope, stow supplies, and, in general, to keep the dredge “in shape.” This testimony indicated that substantially all of petitioner’s duties were performed on or for the dredge. A normal inference is that petitioner was responsible for
The fact that petitioner’s injury occurred on land is not material. Admiralty jurisdiction and the coverage of the Jones Act depends only on a finding that the injured was “an employee of the vessel, engaged in the course of his employment” at the time of his injury. Swanson v. Marra Bros., Inc., 328 U. S. 1, 4, citing O’Donnell v. Great Lakes Dredge & Dock Co., 318 U. S. 36.
As we have said before, this Court does not normally sit to re-examine a finding of the type that was made below.
Because there was testimony introduced by petitioner tending to' show that he was employed almost solely on the dredge, that his duty was primarily to maintain the dredge during its anchorage and for its future trips, and that he would have a significant navigational function when the dredge was put in transit, we hold there was sufficient evidence in the record to support the finding that petitioner was a member of the dredge’s crew. Cf. Gianfala v. Texas Co., 350 U. S. 879, reversing 222 F. 2d 382. Accordingly, we reverse the decision below.
Respondent, on its appeal from the trial court’s judgment, raised two questions which the appellate court did not reach because of its disposition of the case.
It is so ordered.
Although two other grounds were advanced on appeal, only this one was considered. See n. 4, infra. No question has been raised at any time as to whether the dredge involved here had the status of a “vessel” at the time of petitioner’s injury.
The finder of fact in the Bassett case was a commissioner, but that holding applies with equal force to this case in which the finder was a jury.
“The admiralty and maritime jurisdiction of the United States shall extend to and include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land.” 62 Stat. 496, 46 U. S. C. § 740.
“2, the dredge was not operating in navigable waters; and 3, there was no evidence of negligence on its part and no basis to apply the doctrine of res ipsa loquitur.” 7 Ill. App. 2d, at 309, 129 N. E. 2d, at 455.
Dissenting Opinion
dissenting.
In my opinion the court below properly dismissed the complaint because the evidence shows affirmatively that
According to past decisions, to be a “member of a crew” an individual must have some connection, more or less permanent, with a ship and a ship’s company.
Petitioner’s relationship to this dredge met none of these requirements. He was simply an ordinary laborer,
There is nothing in the record to indicate that petitioner was responsible for the seaworthiness of the dredge, or that he ever performed or was qualified to perform any duties of that type. True, he cleaned lights, but these were not “navigation” lights, as the dredge did not carry the latter except when under tow. In effect he cleaned lanterns and placed them when the construction work continued at night. Again, he took “soundings,” but in
I do not think that these facts permit a finding that petitioner was a “member of a crew,” more or less permanently connected with a ship’s company and on board “naturally and primarily” in aid of navigation. His nexus was not with a ship’s company but with a construction crew on shore. He signed no papers to join the vessel and his employment was governed by no “articles”; he was merely assigned by the Laborers’ Union “pusher” to this particular task on an earth-removing project. His boss was not a ship’s officer but a construction superintendent whose office was on land. In fact the record is bare of any of the things which common sense demands of a “ship’s company.” There was no captain, no master, no mate, no ship’s papers or ship’s discipline, no log, no galley, no watches .to stand. And to say that Senko’s job was naturally and primarily in aid of navigation can be done, it seems to me, only at the cost of removing from those words all semblance of content. Not only did Senko have nothing to do with navigation, but he did not “aid” navigation in the sense of helping to maintain the vessel or its crew in a condition to navigate.
The fact that it was a jury that found Senko to be “a member of a crew” does not relieve us of the responsibility for seeing to it that what is in effect a jurisdictional requirement of the Jones Act is obeyed. This Court has more than once reviewed similar determinations of other fact-finding bodies, and set them aside when satisfied that they did not meet the requirements of the Jones Act or Longshoremen’s Act. Cantey v. McLain Line, Inc., 312 U. S. 667; Norton v. Warner Co., 321 U. S. 565; Desper v. Starved Rock Ferry Co., 342 U. S. 187. The reason is, of course, as the Court said in the Norton case, supra, that “where Congress has provided that those basic rights [conferred by the Jones Act] shall not be withheld from a class or classes of maritime employees it is our duty on judicial review to respect the command and not permit the exemption [arising from the Longshoremen’s Act] to be narrowed whether by administrative construction or otherwise.” 321 U. S., at 571.
I would affirm the decision of the court below. This would not leave petitioner without a remedy. He has already applied for and secured workmen’s compensation under the Illinois Workmen’s Compensation Act. This is the relief which Congress intended him to have, and I would not add to it another remedy denied by Congress.
It is assumed that this dredge may properly be regarded as a “vessel.” And, with the Court, I do not reach the question of whether the swampy land in which the dredge was operating could be deemed “navigable water,” an additional factor conditioning the applicability of the Jones Act.
33 U. S. C. § 901 et seq.
46 U. S. C. § 688.
See Warner v. Goltra, 293 U. S. 155; South Chicago Coal & Dock Co. v. Bassett, 309 U. S. 251; Norton v. Warner Co., 321 U. S. 565; Desper v. Starved Rock Ferry Co., 342 U. S. 187; The Bound Brook, 146 F. 160, 164; The Buena Ventura, 243 F. 797; Seneca Washed Gravel Corp. v. McManigal, 65 F. 2d 779; De Wald v. Baltimore & Ohio R. Co., 71 F. 2d 810; Diomede v. Lowe, 87 F. 2d 296; Moore Dry Dock Co. v. Pillsbury, 100 F. 2d 245; Wilkes v. Mississippi River Sand & Gravel Co., 202 F. 2d 383, 388.
I do not, of course, contend that men such as ship’s cooks cannot be members of a crew merely because their actual jobs have nothing to do with making the vessel move. The vital distinction is that such men do contribute to the functioning of the vessel as a vessel — as a means of transport on water. Not so Senko, whose duties had absolutely nothing to do with the dredge in its aspects as a vessel.
It is worth noting that in Norton, where the Court reversed a determination by a Commissioner that a bargeman in general charge of a barge was not a member of a crew, all of the factors on which the Court relied are conspicuously absent here.
Certainly South Chicago Coal & Dock Co. v. Bassett, supra, upon which the Court relies, does not suggest that a jury’s verdict on this issue is to be accorded some special sanctity. That case simply held that a District Court could not grant a trial de novo on an issue
Gianfala v. Texas Co., 350 U. S. 879, should not be regarded as an obstacle to reaching what, in my view, is plainly the right result here. The petitioner in Gianfala at least played a part in the operation of moving the barge, and thus arguably was performing a function “in aid of” navigation. Moreover, the per curiam order in Gianfala, entered solely on the basis of the petition for certiorari, without the benefit of an opposing brief or oral argument, can scarcely be regarded as a precedent of much significance.
Reference
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- SENKO v. LaCROSSE DREDGING CORP.
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