Rederii v. Jarka Corporation
| Decision Date | 14 February 1939 |
| Docket Number | No. 1473.,1473. |
| Citation | 26 F. Supp. 304 |
| Parties | REDERII v. JARKA CORPORATION. |
| Court | U.S. District Court — District of Maine |
Nathan W. Thompson, of Portland, Me., for libelant.
Robinson & Richardson and John D. Leddy, all of Portland, Me., for respondent.
This matter was heard on exceptions to the libel.
The libel alleges in substance that the libelant is the owner of a steamship which was unloaded at Portland in July, 1936, by the respondent corporation, acting as stevedore under contract with the owner.
During the unloading one of the longshoremen in the employ of the respondent was injured in the hold of the vessel under circumstances which would entitle him to compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. Instead of proceeding under that Act, however, the employee filed a libel in New York against the vessel to recover damages for his injuries, which resulted in a compromise settlement for the sum of $7500, on account of the payment of which sum, together with costs and expenses of $2393, in defending the suit, the owner has brought this libel in personam against the Jarka Corporation for indemnity or contribution.
The exceptions are based on the assumption that since the passage of the Act, a longshoreman injured in the course of his employment on board a vessel has no right of action against the vessel, but is limited to the procedure under the Act. The point is made that the payment in settlement of the libel against the vessel was purely voluntary, as the vessel was not liable, and cannot properly be made the basis of any recovery by the owner of the vessel against any other person for contribution.
The language of Section 5, 33 U.S.C.A. § 905, relied upon, is as follows: "The liability of an employer prescribed in Section 4 section 904 of this chapter shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury * * *."
Section 4, 33 U.S.C.A. § 904, above mentioned refers to compensation which is provided for in the Act for various specified injuries and for death benefit.
Prior to the Act the longshoreman had a possible right of action against the vessel, against his immediate employer, or against anyone else claimed to be responsible for injuring him. The change in the law was not intended to reduce his rights but to enlarge them. The ...
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