P. J. Carlin Construction Co. v. Heaney
299 U.S. 41 (1936)

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U.S. Supreme Court

P. J. Carlin Construction Co. v. Heaney, 299 U.S. 41 (1936)

P. J. Carlin Construction Co. v. Heaney

No. 9

Argued October 13, 1936

Decided November 9, 1936

299 U.S. 41

CERTIORARI TO THE SUPREME COURT OF NEW YORK

Syllabus

A company constructing a building on an island in navigable waters in New York, engaged the owner of a steamboat to ferry its workmen to and from the island. The shipowner was to collect specified fares from the workmen ferried. If, in any day, the collections were less than a specified amount, the company would make up the difference to the shipowner; if they exceeded it, the excess would be paid over to the company up to the point of reimbursing it for its payments in meeting such deficiencies. One of the workmen, while being so ferried, was injured by an explosion on the ship.

Held that an award of compensation against the company and its insurance carrier under the New York Workmen's Compensation Act was not invalid as an intrusion upon the maritime jurisdiction. P. 299 U. S. 44.

269 N.Y. 93 affirmed.

Certiorari, 298 U.S. 637, to review a judgment of the Court of Appeals of New York which affirmed a judgment

Page 299 U. S. 42

of the Supreme Court, Appellate Division, of the State (243 App.Div. 648, no opinion), sustaining an award of workmen's compensation.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Seeking an award for injuries received in the course of his employment, respondent, Heaney, instituted this proceeding before the New York State Industrial Board against his employer, P. J. Carlin Construction Company, and its insurance carrier, the Travelers Insurance Company, petitioners here. The Board granted an award; the Appellate Division and the Court of Appeals approved.

In September, 1932, the Construction Company, general contractor with principal place of business in New York City, was engaged in building operations on Rikers Island in East River. Respondent and others employed about the work crossed daily from New York City on the Observation, a steamboat owned by Captain Forsythe. They paid for this service.

The owner operated the vessel in pursuance of an agreement with the Construction Company which provided:

"You are hereby licensed to operate a ferry service for the transportation of the men engaged upon the construction of the Rikers Island Penitentiary Building. . . . You are to be compensated therefor by collecting fares from the men at the rate of 10

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