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Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939)
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Socony-Vacuum Oil Co. v. Smith No.195 Argued December 15, 1938 Decided January 3, 1939 305 U.S. 424
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Assumption of risk is not a defense in a suit brought by a seaman under the Jones Act to recover for injuries resulting from his use, while on duty, of a defective appliance of the ship, when he chose to use the unsafe appliance, knowing it unsafe, instead of a safe method of doing his work, which was known to him. P. 428.
2. In such cases, the admiralty rule of comparative negligence applies, in mitigation of damages. P. 431.
96 F.2d 98 affirmed.
Certiorari, post, p. 586, to review the affirmance of a judgment recovered by the present respondent, a seaman, in an action for personal injuries brought under the Jones Act.
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Chicago: U.S. Supreme Court, "Syllabus," Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939) in 305 U.S. 424 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2D9Y41AFR5ICBA8.
MLA: U.S. Supreme Court. "Syllabus." Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939), in 305 U.S. 424, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2D9Y41AFR5ICBA8.
Harvard: U.S. Supreme Court, 'Syllabus' in Socony-Vacuum Oil Co. v. Smith, 305 U.S. 424 (1939). cited in 1939, 305 U.S. 424. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2D9Y41AFR5ICBA8.
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