Warner v. Goltra,
293 U.S. 155 (1934)

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U.S. Supreme Court

Warner v. Goltra, 293 U.S. 155 (1934)

Warner v. Goltra

No. 4

Submitted October 8, 1934

Decided November 5, 1934

293 U.S. 155


1. In § 33 of the Merchant Marine Act of 1920, giving to "any seaman" injured in the course of his employment a cause of action for damages similar to that given by the statutes of the United States to railway employees, the term "any seaman" includes the master of the vessel. P. 293 U. S. 156.

2. This provision should be construed liberally; "seaman," in this particular context, should be interpreted in its broad sense, not in the narrower sense distinguishing the crew from the master, found in other statutes, and this accords with the purpose of the Act as revealed by its history and by other legislation in pari materia. Pp. 293 U. S. 157-159.

3. Section 713, c. 18, of Title 46 of the U.S.Code, purporting to define master and seaman, must be confined to the sections in chapter 18 which were derived from the same earlier legislation as § 713; it is inapplicable to § 33 of the Merchant Marine Act of 1920, placed in the same chapter 18 by the compilers of the Code. P. 293 U. S. 160.

4. The compilers of the U.S.Code were not authorized by Congress to amend existing law. P. 293 U. S. 161.

334 Mo. 396, 67 S.W. 2d 47, reversed.

Certiorari, 292 U.S. 617, to review the affirmance of a judgment dismissing the complaint in an action for damages for the death of the master of a vessel. The action was brought by the administratrix of the master against the owner of the vessel.

Page 293 U. S. 156

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