Plamals v. the Pinar Del Rio
| Citation | 277 U.S. 151,48 S.Ct. 457,72 L.Ed. 827 |
| Decision Date | 14 May 1928 |
| Docket Number | No. 225,225 |
| Parties | PLAMALS v. THE PINAR DEL RIO |
| Court | United States Supreme Court |
Messrs, Charles A. Ellis and S. B. Axtell, both of New York City, for petitioner.
[Argument of Counsel from pages 151-153 intentionally omitted] Mr. Cletus Keating, of New York City, for respondent.
Plamals, the petitioner, a subject of Spain, belonged to the crew of the British ship Pinar Del Rio. She was anchored at Philadelphia April 27, 1923. He was being hoisted up to paint the smokestack; a rope broke; he fell to the deck and sustained serious injuries. The accident resulted from the negligence of the mate, who selected a defective rope. An abundant supply of good rope was on board.
Six months after the accident, Plamals began this proceeding in rem against the ship in the District Court, Southern District of New York. The libel alleged that his injuries 'were due to the fault or neglect of the said steamship or those in charge of her, in that the said rope was old, worn, and not suitable for use, in that libelant was ordered to perform services not within the scope of his duties, and in other respects that libelant will point out on the trial of this action.'
There is nothing to show that painting the smokestack was beyond the scope of the duties assumed.
In the District Court the petitioner asserted by his proctor that he claimed under section 33, Jones Act, 41 Stat. 1007 (46 USCA § 688; Comp. St. § 8337a) which follows; that section 20 of such Act of March 4, 1925, be, and is, amended to read as follows:
The District Court ruled that the rights and liabilities of the parties were fixed by the law of the ship's flag, and was of opinion that the British Workmen's Compensation Act afforded the only remedy. It accordingly dismissed the libel. The Circuit Court of Appeals held that a lien against the vessel is essential to every proceeding in rem against her, and that no such lien arose by reason of section 33 of the Jones Act in favor of the injured seaman. Upon that ground it affirmed the questioned decree. 16 F.(d) 984.
We agree with the view of the Circuit Court of Appeals, and find it unnecessary now to consider whether the provisions of section 33 are applicable where a foreign seaman employed on a foreign ship suffers injuries while in American waters.
The record does not support the suggestion that the Pinar Del Rio was unseaworthy. The mate selected a bad rope when good ones were available.
We must treat the proceeding as one to enforce the liability prescribed by section 33. It was so treated by petitioner's proctor at the original trial; and the application for certiorari here spoke of it as based upon that section. The evidence would not support a recovery upon any other ground.
Section 20, Act of March 4, 1915 (38 Stat. 1185), originally provided—
'That in any suit to recover damages for any injury sustained on board vessel or in its service seamen having command shall not be held to be follow-servants with those under their authority.'
Chelentis v. Luckenbach Steamship Co. (1918) 247 U. S. 372, 384, 38 S. Ct. 501, 62 L. Ed. 1171, pointed out that this imposed no new liability upon the shipowner.
Section 33 brings into our maritime law the provisions of certain statutes which define the liability of masters to employees originally intended to...
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