United States Supreme Court Cases & Opinions

U.S. Supreme Court

Buzynski v. Luckenbach Steamship Co., Inc., 277 U.S. 226 (1928)

Buzynski v. Luckenbach Steamship Company, Incorporated

No. 534

Argued March 19, 1928

Decided May 14, 1928

277 U.S. 226

Syllabus

1. Section 33 of the Merchant Marine Act incorporated into the maritime law in favor of injured "seamen" the applicable provisions of the Employers' Liability Act and its amendments, and these may be enforced either in suits in admiralty or actions at law. P. 277 U. S. 228.

2. A stevedore engaged in stowing cargo upon a vessel is a "seaman" within the meaning of that section, and, under applicable provisions of the Liability Act, may recover from the stevedoring company employing him for an injury caused by the negligence of a fellow servant. Id.

3. Where the circuit court of appeals erroneously reverses a judgment upon one question without deciding another upon which its correctness also depends, the case may be reversed for the error and remanded to that court for decision of the other question. Id.

19 F.2d 871 reversed.

Certiorari, 275 U. S. 518, to a judgment of the Circuit Court of Appeals, which reversed a judgment of the district court on a libel in admiralty for personal injuries.

Page 277 U. S. 227