Pan American World Airways, Incorporated v. O'Hearne
| Decision Date | 13 July 1964 |
| Docket Number | No. 9340.,9340. |
| Citation | 335 F.2d 70 |
| Parties | PAN AMERICAN WORLD AIRWAYS, INCORPORATED, and The Travelers Insurance Company, Appellees, v. Stephen O'HEARNE, Deputy Commissioner, Fifth Compensation District, U. S. Department of Labor, Bureau of Employees' Compensation, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Leavenworth Colby, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice and Claude V. Spratley, Jr., U. S. Atty., on brief), for appellant.
John W. Winston, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellees.
Before BRYAN and BELL, Circuit Judges, and CRAVEN, District Judge.
An award under the Defense Bases Act, 42 U.S.C. §§ 1651-1654, was made by the Deputy Commissioner to the widow and orphans of Robert M. Smith, an employee of Pan American World Airways, Inc., for his death on San Salvador (Watling) Island in the Bahamas, a British West Indies possession where Columbus first raised land. The fatality resulted when a jeep overturned in which the decedent was riding as a passenger with other employees for recreation. He had been hired by PAA as a powerhouse operator in its performance of a Government contract for the maintenance of Atlantic range facilities in connection with the United States Air Force Missile Test Center at Cape Kennedy, Florida.
Robert Smith's home and family were in Galax, Virginia, about 1000 miles distant. Pursuant to his engagement he was provided sleeping quarters and meals at the power station. Work occupied 8 hours each day but for any emergency he was subject to call during off-time. Tracking equipment was situated throughout San Salvador.
Aside from its remoteness, the island embraced only about 42 square miles — 5 miles by 13 miles in its greatest dimensions. The population consisted of approximately 800 natives. British official personnel added another 50 individuals. The only settlement, Cockburn Town, was about three miles from Smith's dormitory.
Where Robert Smith was quartered PAA furnished the employees a pool room, an outdoor picture theatre, row boats, baseball and softball equipment. Of course, the ocean and beach provided swimming, fishing and boating opportunities. Additionally, the Reef Club was maintained there at which alcoholic beverages could be purchased, and reading and card playing enjoyed. The employer supplied no transportation for the workers to leave the site. Taxis were available, and on occasion upon request use of a jeep would be allowed by PAA for recreational trips.
On April 24, 1958, when Robert Smith had completed his regular assignment for the day, he went to the Reef Club, soon after 4 o'clock P.M. Except for time at dinner or supper, he remained there with three other co-employees drinking beer or champagne.
Around 7:30 P.M. they drove in one of PAA's...
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