O'Brien v. Luckenbach S.S. Co., Inc.
| Decision Date | 10 July 1922 |
| Parties | O'BRIEN v. LUCKENBACH S.S. CO., Inc., et al. |
| Court | U.S. District Court — Eastern District of New York |
William A. Moore, of New York City (George A. Green, of Brooklyn N.Y.), for libelant.
Carter Carter & Phillips and Peter S. Carter, all of New York City for Luckenbach S.S. Co.
J Arthur Hilton, of New York City, for Union Transport Co.
CHATFIELD District Judge (after submission of briefs).
The vessel cannot be held liable for any of the conditions shown by the testimony. The stevedores took over the vessel and its appliances, and were responsible both for what appliances were made use of in the course of their operations and also the way in which these appliances were used. No defect in any of the appliances themselves has been shown. The foreman stevedore was evidently negligent, both in choice of the place where the men were put to work and the way in which the work was conducted, and it was contributory negligence for the decedent to have stepped upon a hatch cover without making sure that the hatch cover was supported, or without watching what he was doing.
The action is brought into this court because of the evident maritime jurisdiction under the law as it existed prior to June 10, 1922 (chapter 216, Laws of 1922 (42 Stat. 634)). Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 Sup.Ct. 524, 61 L.Ed. 1086, L.R.A. 1918C, 451, Ann. Cas. 1917E, 900; Chelentis v. Luckenbach, 247 U.S. 372, 38 Sup.Ct. 501, 62 L.Ed. 1171; Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, 40 Sup.Ct. 438, 64 L.Ed. 834, 11 A.L.R. 1145. State Industrial Commission of State of New York v. Nordenholt Corporation (May 29, 1922) 259 U.S. 263, 42 Sup.Ct. 473, 66 L.Ed. . . . .
The right of action for death to one other than a member of the crew, in maritime jurisdiction within the boundaries of a state, did, before this statute of June 10, 1922, and still does, depend upon the law of the state. Western Fuel Co. v. Garcia (Dec. 5, 1921) 257 U.S. 223, 42 Sup.Ct. 89, 66 L.Ed. 210; The Corsair, 145 U.S. 335, 12 Sup.Ct. 949, 36 L.Ed. 727. The provisions of chapter 111, Laws of 1920, 41 Stat.at Large, 537, do not affect the situation. Western Fuel Co. v. Garcia, supra. The general provisions of the maritime law and the limitation by the state law are set forth in The Harrisburg, 119 U.S. 199, 7 Sup.Ct. 140, 30 L.Ed. 358.
In The A. W. Thompson (D.C.) 39 F. 115, and The City of Norwalk (McCullough v. New York & N. Steamboat Co.; D.C.) 55 F. 98, Judge Brown has discussed at length the right to recover for death and the application of state laws in applying the remedy in a United States court. His conclusion has been followed in Hurley v. Detroit & C. Steam Nav. Co., 73 F. 883, 20 C.C.A. 86, and Quinette v. Bisso, 136 F. 825, 69 C.C.A. 503, 5 L.R.A. (N.S.) 303.
The decision in these cases is to the effect that, as the right to recovery is derived from a state statute, all limitations to that right which are valid under the state law must be respected in the federal court. This doctrine is approved in Western Fuel Co. v....
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O'Brien v. Luckenbach S.S. Co., Inc.
...J. Arthur Hilton, of New York City (Alfred T. Tompkins, of New York City, of counsel), for Union Transport Co., Inc. For opinion below, see 286 F. 301. Luckenbach Steamship Company is a corporation organized under the laws of the state of Delaware and is doing business in the Eastern distri......
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Roswall v. Grays Harbor Stevedore Co.
... ... right must be respected. O'Brien v. Luckenbach S. S ... Co., Inc. (D. C.) 286 F. 301, affirmed (C. C. A.) 293 F ... ...
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Feige v. Hurley
...Ry. Co., 98 Ky. 195, 32 S.W. 620; see, also, The A. W. Thompson, 39 F. 115 (D.C.); The City of Norwalk, 55 F. 98 (D.C.); O'Brien v. Luckenbach S. S. Co., 286 F. 301 (D. C.); Gretschmann v. Fix, 189 F. 716 (D. The result reached removes from the case any necessity for a consideration of the ......
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Sanderson v. Sause Bros. Ocean Towing Co.
...within the boundaries of the state depends upon the law of the state. Western Fuel Co. v. Garcia, supra. O'Brien v. Luckenbach Steamship Co., 2 Cir., 286 F. 301, and the limitations in state Acts modelled after the Lord Campbell's Act, which permit common law defenses such as the defense of......