United States Supreme Court Cases & Opinions

U.S. Supreme Court

Fink v. Shepard Steamship Co., 337 U.S. 810 (1949)

Fink v. Shepard Steamship Co.

No. 360

Argued February 2, 1949

Decided June 27, 1949*

337 U.S. 810

Syllabus

1. A general agent employed by the United States under the terms of the war-time standard form of general agency agreement to manage certain phases of the business of a ship owned by the United States and operated by the War Shipping Administration is not liable under § 33 of the Merchant Marine Act of 1920, known as the Jones Act, to a member of the crew of the ship who suffered physical injury through the negligence of its master and officers, when the injury occurred after March 24, 1943, the date of enactment of the War Shipping Administration Act, known as the Clarification Act. Cosmopolitan Shipping Co. v. McAllister, ante, p. 337 U. S. 783. Pp. 337 U. S. 811-813.

2. Nor is such a general agent liable to a member of the crew for wages and maintenance and cure, which are incidents of the employer-employee relationship. Pp. 337 U. S. 813-815.

3. A delivery certificate reciting that a ship was "delivered" to a general agent "under terms and conditions of" the standard general agency agreement adds nothing of significance to that agreement, and does not show that the general agent was in possession and control of the ship. Pp. 337 U. S. 815-816.

183 Ore. 373, 192 P.2d 258, affirmed.

169 F.2d 612, affirmed.

No. 360. A member of the crew of a ship owned by the United States and operated by the War Shipping Administration obtained a judgment in an Oregon Circuit Court against a general agent employed by the United States to manage certain phases of the ship's business, for injuries sustained through the negligence of its master and officers. The Supreme Court of Oregon reversed, 183 Ore. 373, 192 P.2d 258, and denied a rehearing, 183 Ore. 373, 193 P.2d 537. This Court granted certiorari. 335 U.S. 870. Affirmed, p. 337 U. S. 816.

Page 337 U. S. 811

No. 430. A Federal District Court dismissed an action for wages and maintenance and cure by a member of the crew of a ship owned by the United States and operated by the War Shipping Administration against a general agent employed by the United States to manage certain phases of the ship's business, 76 F.Supp. 617. The Court of Appeals affirmed. 169 F.2d 612. This Court granted certiorari. 335 U.S. 870. Affirmed, p. 337 U. S. 816.