Employers’ Liability Assurance Corp., Ltd. v. Cook, 281 U.S. 233 (1930)

Employers’ Liability Assurance Corp., Ltd. v. Cook


No. 81


Argued January 14, 15, 1930
Decided April 14, 1930
281 U.S. 233

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

1. The unloading of a ship is a matter maritime in character, and not of purely local concern. P. 236.

2. A claim arising out of injuries received by a workman while in the hold of a hip assisting in unloading cargo is within the exclusive maritime jurisdiction notwithstanding that his general employment contemplated nonmaritime duties. Id.

3. The fact that a state workmen’s compensation act is elective in form does not affect the rights and liabilities of the parties in respect of a claim that is within the exclusive maritime jurisdiction. Id.

31 F.2d 497 reversed.

Certiorari, 280 U.S. 538, to review a judgment of the circuit court of appeals affirming a recovery in an action for personal injuries, based on a state workmen’s compensation law, which was removed to the district court from a state court.