Gonsalyes v. Morse Dry Dock Repair Co

• Decision Date: 17 November 1924
• Docket Number: No. 3,3
• Citation: Gonsalyes v. Morse Dry Dock Repair Co, 266 U.S. 171, 45 S.Ct. 39, 69 L.Ed. 228 (1924)
• Parties: GONSALYES v. MORSE DRY DOCK & REPAIR CO
• Court: U.S. Supreme Court

266 U.S. 171

45 S.Ct. 39

69 L.Ed. 228

GONSALYES

v MORSE DRY DOCK & REPAIR CO.

No. 3.

Argued Oct. 6, 1924.

Decided Nov. 17, 1924.

Messrs. Joseph Larocque and Robert Stewart, both of New York City, for appellant.

Mr. Charles J. McDermott, of New York City, for appellee.

Mr. Justice McREYNOLDSdelivered the opinion of the Court.

Proceeding in admiralty appellant sought to recover damages for personal injuries received while he was employed by respondent and engaged in repairing the steamer Starmount.Upon motion the trial court dismissed the libel, holding that it had no jurisdiction of the cause.

The libel alleges that respondent had charge of the work of repairing the shell plates of the steamer, then resting in a floating dock at Twenty-Seventh street, Brooklyn; that while employed by respondent and working on board appellant suffered injuries through the explosion of a blau torch which the employer negligently permitted to be out of repair.The prayer was for monition according to the course and practice in admiralty and for damages.

Since the decree below (June 14, 1921)we have decided Great Lakes Dredge & Dock Co. v. Kierejewski, 261 U. S. 479, 43 S. Ct. 418, 67 L. Ed. 756.The opinion there controls this cause unless the injuries sustained by appellant were not the result of tort, committed and effective, on navigable waters.In The R. W. Parsons, 191 U. S. 17, 33, 24 S. Ct. 8, 48 L. Ed. 73, this court held that repairs to a vessel while in an ordinary dry dock were not made on land.The ...