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Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959)
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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.
Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959)
Braen v. Pfeifer Oil Transportation Co., Inc. No. 32 Argued November 16, 1959 Decided December 14, 1959 361 U.S. 129
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner, a mate on respondent’s barge, was ordered to do some carpentry work on a raft used to facilitate chipping, painting, and welding on respondent’s vessels, but which was not being used at the time to repair the barge on which petitioner was mate. While on a catwalk used to board or leave the barge, and while attempting to move the raft into position for boarding preparatory to carrying out this order, petitioner was injured when the catwalk gave way.
Held: he was injured while acting "in the course of his employment," and he was entitled to recover from respondent under the Jones Act. Pp. 129-133.
(a) At the time of his injury, petitioner had a status as a seaman and as a member of the crew of his vessel. Pp. 131-132.
(b) The fact that he was injured while not on his vessel is immaterial. Pp. 132-133.
(c) Petitioner was acting "in the course of his employment," within the meaning of the Jones Act. P. 133.
23 F.2d 147 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959) in 361 U.S. 129 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RM75S4IN3MH4H57.
MLA: U.S. Supreme Court. "Syllabus." Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959), in 361 U.S. 129, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RM75S4IN3MH4H57.
Harvard: U.S. Supreme Court, 'Syllabus' in Braen v. Pfeifer Oil Transportation Co., Inc., 361 U.S. 129 (1959). cited in 1959, 361 U.S. 129. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RM75S4IN3MH4H57.
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