|
|
O’keefe v. Smith, 380 U.S. 359 (1965)
Contents:
Show Summary
Hide Summary
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.
O’keefe v. Smith, 380 U.S. 359 (1965)
O’Keefe v. Smith No. 307 Decided March 29, 1965 380 U.S. 359
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Syllabus
An employee of a government contractor at a defense base in Korea drowned during a Saturday outing. His employer considered all employees to be in the course of regular occupation from the time they left the United States until they returned, and expected employees to seek recreation away from the job site. On stipulated facts, the Deputy Commissioner, Bureau of Employees’ Compensation, found that death arose out of and in the course of employment, and awarded damages pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act. The District Court affirmed the award, which the Court of Appeals reversed.
Held: Since the Act provides that the Deputy Commissioner’s order may be set aside by a reviewing court only if not in accordance with law, and since the Deputy Commissioner correctly applied the standard of O’Leary v. Brown-Paciffc-Maon, Inc., 340 U.S. 504, that the conditions of employment create the "zone of special danger" out of which the injury arose, his holding cannot be said to be irrational or without substantial evidence and should be upheld.
Certiorari granted; 327 F.2d 1003 reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," O’keefe v. Smith, 380 U.S. 359 (1965) in 380 U.S. 359 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6YDZI86VC9L2HLI.
MLA: U.S. Supreme Court. "Syllabus." O’keefe v. Smith, 380 U.S. 359 (1965), in 380 U.S. 359, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6YDZI86VC9L2HLI.
Harvard: U.S. Supreme Court, 'Syllabus' in O’keefe v. Smith, 380 U.S. 359 (1965). cited in 1965, 380 U.S. 359. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6YDZI86VC9L2HLI.
|