United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jamison v. Encarnacion, 281 U.S. 635 (1930)

Jamison v. Encarnacion

No. 390

Argued April 22, 1930

Decided May 26, 1930

281 U.S. 635

Syllabus

1. A stevedore employed in loading cargo on navigable waters is a seaman within the meaning of § 33 of the Merchant Marine Act, and his right of action for personal injuries suffered while so engaged is governed by the maritime law as modified by that Act and the Federal Employers' Liability Act. P. 281 U. S. 639.

2. The term " negligence," as used in § 1 of the Federal Employers' Liability Act, includes an assault on one of a crew of workmen by a foreman authorized to direct them and keep them at work where the purpose of the assault was to hurry the workman assaulted about work assigned him. Id.

3. The rule that statutes in derogation of the common law are to be strictly construed does not require such an adherence to the letter as would defeat an obvious legislative purpose or lessen the scope plainly intended to be given to the measure. P. 281 U. S. 640.

4. The Federal Employers' Liability Act is to be construed liberally to fulfill the purposes for which it was enacted, and, to that end, the word "negligence " may be read to include all the meanings given to it by courts and within the word as ordinarily used. Id.

251 N.Y. 218 affirmed.

Certiorari, 280 U.S. 545, to review a judgment of the Supreme Court of New York entered upon a remittitur from the court of appeals, which reversed a judgment of the Appellate Division, 224 App.Div. 260, and sustained a recovery in an action for negligence.

Page 281 U. S. 637