Minnie v. Port Huron Terminal Co

• Decision Date: 03 June 1935
• Docket Number: No. 678,678
• Citation: 295 U.S. 647,79 L.Ed. 1631,55 S.Ct. 884
• Parties: MINNIE v. PORT HURON TERMINAL CO. et al
• Court: U.S. Supreme Court

295 U.S. 647

55 S.Ct. 884

79 L.Ed. 1631

MINNIE

v PORT HURON TERMINAL CO. et al.

No. 678.

Argued April 12, 1935.

Decided June 3, 1935.

Messrs. Eugene F. Black and Jesse P. Wolcott, both of Port Huron, Mich., for petitioner.

Mr. Chief Justice HUGHES delivered the opinion of the Court.

Petitioner, a longshoreman, was injured at Port Huron while unloading a vessel lying in navigable water. He was about his work on the deck of the vessel when he was struck by a swinging hoist, lifting cargo from a hatch, and was precipitated upon the wharf. He sought compensation under the Compensation Act of the State of Michigan (Comp. Laws Mich. 1929, § 8407 et seq., as amended). His employer, the Port Huron Terminal Company, contended that the accident occurred upon navi- gable water and that the state law did not apply. The defense was overruled by the state commission in the view that the injury must have been occasioned by petitioner's fall upon the wharf, and hence that the claim was within the state statute, although the injury would not have been received except for the force applied to his person while on the vessel. The Supreme Court of the State vacated the commission's award, holding that the federal law controlled. 269 Mich. 295, 257 N.W. 831. Because on an asserted conflict with decisions of this Court, a writ of certiorari was granted. 294 U.S. 704, 55 S.Ct. 548, 79 L.Ed. —-.

We have held that the case of an employee injured upon navigable waters while engaged in a maritime service is governed by the maritime law. Southern Pacific Company v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086, L.R.A. 1918C, 451, Ann. Cas. 1917E, 900; Grant Smith-Porter Ship Company v. Rohde, 257 U.S. 469, 477, 42 S.Ct. 157, 66 L.Ed. 321, 25 A.L.R. 1008. It is otherwise if the injury takes place on land. State Industrial Commission v. Nordenholt Corp., 259 U.S. 263, 272, 273, 42 S.Ct. 473, 66 L.Ed. 933, 25 A.L.R. 1013; Nogueira v. New York, N.H. & H.R. Co., 281 U.S. 128, 133, 50 S.Ct. 303, 74 L.Ed. 754. In the instant case, the injury was due to the blow which petitioner received from the swinging crane. It was that blow received on the vessel in navigable water which gave rise to the cause of action, and the maritime character of that cause of action is not altered by the fact that the petitioner was thrown from the vessel to the land.

We had the converse case before us in T. Smith & Son v. Taylor, 276 U.S. 179, 48 S.Ct. 228, 72 L.Ed. 520. There a longshoreman, employed in the unloading of a vessel at a dock, was standing upon a stage that rested solely upon the wharf and projected a few feet over the water to or near the vessel. He was struck by a sling loaded with cargo, which was being lowered over the vessel's side, and was knocked into the water, where some time later he was found dead. It was urged that the suit was solely for the death which occurred in the water, and hence, that the case was exclusively within the admiralty jurisdiction. We held the argument to be untenable. We said: 'The blow by the sling...