United States Supreme Court Cases & Opinions

U.S. Supreme Court

Nacirema Operating Co., Inc. v. Johnson, 396 U.S. 212 (1969)

Nacirema Operating Co., Inc. v. Johnson

No. 9

Argued March 25, 1969

Reargued October 20, 1969

Decided December 9, 1969*

396 U.S. 212

Syllabus

One longshoreman was killed and two others were injured on piers permanently affixed to shore in accidents that occurred while they were attaching cargo from railroad cars to ships' cranes. The District Court upheld denial of compensation claims under the Longshoremen's and Harbor Workers' Compensation Act of 1927. The Court of Appeals reversed.

Held:

1. The Longshoremen's Act, which covers injuries occurring "upon navigable waters," and furnishes a remedy only "if recovery . . . through workmen's compensation proceedings may not validly be provided by state law," does not provide compensation to workmen injured on a pier permanently affixed to the land, and hence clearly within the jurisdiction of the States. Pp. 396 U. S. 214-221.

2. Though the Extension of Admiralty Jurisdiction Act extends admiralty tort jurisdiction to ship-caused injuries on a pier, it does not enlarge the coverage of the Longshoremen's Act. Pp. 396 U. S. 221-223.

398 F.2d 90, reversed.

Page 396 U. S. 213