United States Supreme Court Cases & Opinions

U.S. Supreme Court

T. Smith & Son, Inc. v. Taylor, 276 U.S. 179 (1928)

T. Smith & Son, Inc. v. Taylor

No. 186

Argued January 18, 1928

Decided February 20, 1928

276 U.S. 179

Syllabus

While a longshoreman, employed in the unloading of a vessel at dock, was standing upon a stage that rested solely upon the wharf and projected a few feet over the water to or near the vessel, he was struck by a sling loaded with cargo, which was being lowered over her side, and was knocked into the water, where some time later he was found dead.

Page 276 U. S. 180

Held, that the right of action for his death was controlled by the state, and not by the maritime, law, since, though the death occurred in the water, the occurrence which was the sole, immediate, and proximate cause of it and gave rise to the cause of action, was on the wharf, which was to be deemed an extension of the land. P. 276 U. S. 181.

5 La.Ct.App. 284 affirmed.

Error to a judgment of the Court of Appeal of Louisiana affirming a recovery under the state workmen's compensation law. The supreme court of the state denied a writ of certiorari.