United States Supreme Court Cases & Opinions

U.S. Supreme Court

Plamals v. S.S. "Pinar Del Rio", 277 U.S. 151 (1928)

Plamals v. S.S. "Pinar Del Rio"

No. 225

Argued February 27, 1928

Decided May 14, 1928

277 U.S. 151

Syllabus

1. The cause of action of a seaman under § 33 of the Jones Act for personal injuries suffered on shipboard in the course of his employment, not due to unseaworthiness of the ship, is not a lien upon the ship, and its enforcement in admiralty cannot be by a suit in rem. P. 277 U. S. 154.

2. The ordinary maritime privilege or lien, though adhering to the vessel, is a secret one which may operate to the prejudice of general creditors and purchasers without notice, and is therefore stricti juris. It cannot be extended by construction, analogy, or inference. P. 277 U. S. 156.

3. Seamen may invoke, at their election, the relief accorded by the old rules against the ship or that provided by the new against the employer, but not both. Id.

16 F.2d 984 affirmed.

Certiorari, 274 U.S. 733, to a decree of the circuit court of appeals which affirmed the dismissal of a libel in rem brought by a seaman for the recovery of damages on account of personal injuries.

Page 277 U. S. 153