United States Supreme Court Cases & Opinions

U.S. Supreme Court

Norton v. Warner Co., 321 U.S. 565 (1944)

Norton v. Warner Co.

No. 362

Argued February 28, 29, 1944

Decided March 27, 1944

321 U.S. 565

Syllabus

1. On review under § 21(b) of the Longshoremen's & Harbor Workers' Compensation Act, the court may not set aside a compensation award deemed contrary to the weight of the evidence, but may set an award aside only for error of law. P. 321 U. S. 568.

2. A barge, though without motive power, is a vessel within the meaning of the Longshoremen's & Harbor Workers' Compensation Act, since it is a means of transportation by water. P. 321 U. S. 571.

3. Upon the facts of this case, held that a bargeman -- though the barge which he tended was without motive power and though he was the sole employee aboard -- was a "member of a crew" within the meaning of the Longshoremen's & Harbor Workers' Compensation Act, and excluded from the coverage of that Act by §§ 2(3) and 3(a)(1) thereof. P. 321 U. S. 571.

137 F.2d 57 affirmed.

Certiorari, 320 U.S. 729, to review the reversal of a judgment, 45 F.Supp. 835, which dismissed a suit to set aside an award of compensation under the Longshoremen's & Harbor Workers' Compensation Act.

Page 321 U. S. 566