Clyde Steamship Company v. William Alfred Walker

Decision Date28 February 1916
Docket NumberNo. 281,281
PartiesCLYDE STEAMSHIP COMPANY, Plff. in Err., v. WILLIAM ALFRED WALKER
CourtU.S. Supreme Court

Messrs. Norman B. Beecher and Ray Rood Allen for plaintiff in error.

Messrs. E. Clarence Aiken, Harold J. Hinman, and Mr. Egburt E. Woodbury, Attorney General of New York, for defendant in error.

Mr. Justice McReynolds delivered the opinion of the court:

Purporting to proceed under the Workmen's Compensation Law of New York (Consol. Laws, chap. 67), the State Commission on September 3, 1914, made an award to defendant in error, Walker.

It found:

'1. William Alfred Walker, a claimant, is a longshoreman, residing at 151 West 133d street, New York city. Prior to July 1, 1914, he was employed in the city of New York by the Clyde Steamship Company for longshore work. He was injured on July 1, 1914, while in the employ of the Clyde Steamship Company as a longshoreman.

'2. The Clyde Steamship Company is a corporation organized and existing under the laws of Maine, where it has its principal office. It also has an office at Pier 36, North river.

'3. During the discharge of the Cherokee and at the time of the accident, the claimant was on board the steamship Cherokee, owned and operated by the Clyde Steamship Company. During the year prior to the accident, Walker had been employed from time to time by the Clyde Steamship Company and could have been assigned to work upon the pier. The Cherokee was, at the time of the accident, moored to and along side Pier 37, North river, New York city, lying in navigable waters of the Hudson river. Said pier is leased by Clyde Steamship Company from the city of New York.

'4. While claimant was hooking the rope of a derrick into a load of lumber in the between decks of said vessel, for the purpose of unloading it from that vessel, his hand was jammed against the lumber, resulting in laceration of the second finger of the left hand. Claimant was disabled by reason of the injury from July 1, 1914, to July 22, 1914, returning to work upon the latter date.

'5. The business of the Clyde Steamship Company in this state consists solely of carrying passengers and merchandise to New York from other states, and carrying passengers and merchandise from New York to other states. All cargo on board the Cherokee, including the lumber aforesaid, had been taken on board in the state of North Carolina, and carried by water to New York, and was there unloaded from the steamship Cherokee. The claimant was engaged...

To continue reading

Request your trial
26 cases
  • Marine Stevedoring Corporation v. Oosting
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • June 20, 1968
    ...state compensation acts. Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086 (1917); Clyde S. S. Co. v. Walker, 244 U.S. 255, 37 S.Ct. 545, 61 L.Ed. 1116 (1917). Subsequent efforts by Congress to extend the benefits of existing state acts to maritime injuries were stru......
  • Treasure Salvors, Inc. v. UNIDENTIFIED WRECKED, ETC.
    • United States
    • U.S. District Court — Southern District of Florida
    • August 21, 1978
    ...interstate relations. Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086 (1917), Clyde S. S. Co. v. Walker, 244 U.S. 255, 37 S.Ct. 545, 61 L.Ed. 1116 (1917). No state has power to abolish the well recognized maritime rule concerning measure or recovery and substitute,......
  • THE FRIENDSHIP II
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 31, 1940
    ...Southern Pac. Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086, L.R.A.1918C, 451, Ann.Cas. 1917E, 900; Clyde S. S. Co. v. Walker, 244 U.S. 255, 37 S.Ct. 545, 61 L.Ed. 1116; Peters v. Veasey, 251 U.S. 121, 40 S.Ct. 65, 64 L.Ed. 180; Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, 40 ......
  • Red Cross Line v. Atlantic Fruit Co, 112
    • United States
    • U.S. Supreme Court
    • February 18, 1924
    ...Co. v. Jensen, 244 U. S. 205, 37 Sup. Ct. 524, 61 L. Ed. 1086, L. R. A. 1918C, 451, Ann. Cas. 1917E, 900, Clyde Steamship Co. v. Walker, 244 U. S. 255, 37 Sup. Ct. 545, 61 L. Ed. 1116, Peters v. Veasey, 251 U. S. 121, 40 Sup. Ct. 65, 64 L. Ed. 180, and Knickerbocker Ice Co. v. Stewart, 253 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT