Pocahontas Fuel Co. v. Monahan
Decision Date | 03 August 1929 |
Docket Number | No. 913.,913. |
Citation | 34 F.2d 549 |
Parties | POCAHONTAS FUEL CO., Inc., et al. v. MONAHAN, Deputy Commissioner, et al. |
Court | U.S. District Court — District of Maine |
Wm. B. Mahoney, of Portland, Me., for plaintiffs.
Edward J. Harrigan, of Portland, Me., for defendants.
This is a bill in equity brought by the Pocahontas Fuel Company and its insurance carrier to set aside an award of compensation made by the deputy commissioner under the provisions of the United States Longshoremen's and Harbor Workers' Compensation Act (33 USCA §§ 901-950).
By reason of the wording of section 21 (b) of the act referred to (33 USCA § 921(b), the court in such a case as this is limited to the inquiry as to whether or not the compensation order made by the deputy commissioner is in accordance with law; if not, it may be set aside through injunction proceedings.
I take it that the provision under (a), that any claim is presumed to be within the provisions of the act, refers to other circumstances than the jurisdictional fact of the accident occurring upon navigable waters. The act does not say that, when a claim is made, there shall be a presumption that the accident occurred upon navigable waters. I regard this as a fundamental jurisdictional fact which must appear to exist. Otherwise the whole act is inapplicable.
Counsel for plaintiffs argue that there is no sufficient evidence that the deceased was injured on the vessel. He was discovered to be...
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