Avondale Marine Ways v. Henderson
| Decision Date | 09 November 1953 |
| Docket Number | No. 44,44 |
| Citation | 98 L.Ed. 77,346 U.S. 366,1953 AMC 432,74 S.Ct. 100 |
| Parties | AVONDALE MARINE WAYS, Inc., Petitioner v. Joseph H. HENDERSON, Deputy Commissioner, et al |
| Court | U.S. Supreme Court |
Mr. Frank A. Bull, New York City, for petitioner.
Mr. Melvin Richter, Washington, D.C., for respondents.
The judgment is affirmed. Davis v. Department of Labor and Industries of Washington, 317 U.S. 249, 63 S.Ct. 225, 87 L.Ed. 246; Kaiser Co. v. Baskin, 340 U.S. 886, 71 S.Ct. 208, 95 L.Ed. 643; Baskin v. Industrial Accident Commission, 338 U.S. 854, 70 S.Ct. 99, 94 L.Ed. 523; Bethlehem Steel Co. v. Moore, 335 U.S. 874, 69 S.Ct. 239, 93 L.Ed. 417.
I do not think this case belongs in the 'twilight zone' of Davis v. Department of Labor and Industries of Washington, 317 U.S. 249, 256, 63 S.Ct. 225, 229, 87 L.Ed. 246. Recovery was allowed under the Longshoremen's and Harbor Workers' Compensation Act for a death which occurred on a barge drawn up for repairs on a marine railway. Norton v. Vesta Coal Co., 3 Cir., 63 F.2d 165 was such a case and Judge Woolley dissented from a holding that a marine railway was not included in the statutory language, 'any dry dock'.
Mr. Justice REED took no part in the consideration or decision of this case.
Mr. Justice BURTON concurs in the affirmance of the judgment of the Court of Appeals but does so on the ground relied upon by that court and by the District Court. This was that the Deputy Commissioner, in making the award, acted within the terms of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1426, 33 U.S.C. § 903(a), 33 U.S.C.A. § 903(a), in that the decedent, at the time of receiving his fatal injury, was engaged in cleaning a tank of a barge located on the ways of a marine railway, by means of which the barge had been hauled out of the Mississippi River for repairs. They held that his death resulted 'from an injury occurring upon the navigable waters of the United States (including any dry dock)' as those terms are used in such Act. Avondale Marine Ways v. Henderson, 5 Cir., 201 F.2d 437, following Maryland Casualty Co. v. Lawson, 5 Cir., 101 F.2d 732, and Continental Casualty Co. v. Lawson, 5 Cir., 64 F.2d 802.
As Judge Woolley explained, there are three kinds of dry docks. (1) A floating dry dock, as its name makes clear, floats on the water, the vessel resting on the bottom of the dry dock after the water has been removed. (2) A graven dry...
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Flowers v. Travelers Insurance Company
...was there in law. For she was in a floating drydock which by all tests made the place of injury maritime. Avondale Marine Ways, Inc., v. Henderson, 5 Cir., 201 F.2d 437, 1953 AMC 432, affirmed 346 U.S. 366, 74 S.Ct. 100, 98 L.Ed. 77, 1953 AMC 1990. The work he was doing was maritime. For th......
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Marine Stevedoring Corporation v. Oosting
...Inc., 243 F. Supp. 130 (W.D.La.1965); repairing ships on dry docks or on the land around dry docks, Avondale Marine Ways, Inc. v. Henderson, 346 U.S. 366, 74 S.Ct. 100, 98 L.Ed. 77 (1953); Holland v. Harrison Bros. Dry Dock & Ship Repair Yard, Inc., 306 F.2d 269 (5 Cir. 1962); and construct......
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Travelers Insurance Company v. Calbeck
...F.2d 853, 1945 A.M.C. 878; Avondale Marine Ways v. Henderson, 5 Cir., 1953, 201 F.2d 437, 1953 A.M.C. 432, affirmed 346 U.S. 366, 74 S. Ct. 100, 98 L.Ed. 77, 1953 A.M.C. 1990. Also from other Circuits, United States Casualty Co. v. Taylor, 4 Cir., 1933, 64 F.2d 521, 1933 A.M.C. 1200, no lon......
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Calbeck v. Travelers Insurance Co Donovan v. Avondale Shipyards, Inc
...implies a rejection of any reading of § 3(a) to exclude coverage in such situation. The issue in Avondale Marine Ways, Inc., v. Henderson, 346 U.S. 366, 74 S.Ct. 100, 98 L.Ed. 77, was whether compensation was available under the Longshoremen's Act for the death of an employee killed while e......