Fink v. Shepard Steamship Co. (337 U.S. 810)
U.S. Supreme Court · decided June 27, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 810 · 69 S. Ct. 1330
- Decided
- June 27, 1949
- Term
- October Term 1948
- Vote
- 5–4
- Majority author
- Justice Reed
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. These two cases raise issues which, as the facts set out below indicate, are controlled by our decision in Cosmopolitan Shipping Co. v. McAllister, ante, p. 783, decided this day. The petitioner, Fink, signed on the S. S. George Davidson on June 8, 1943, as an able seaman. The shipping articles showed as the “Registered Managing Owner or Manager” the “War Shipping Administration (Owner) Shepard Steamship Co. (Gen. Agents).” The contract pursuant to which respondent, Shepard Steamship Co., handled certain phases of . the ship’s business was the standard form General Agency Agreement, GAA 4 4-42. Petitioner was procured by respondent from a union hiring hall for employment by the master of the vessel. In August, 1943, while the ship was at sea, Fink was ordered by the master and boatswain to empty a garbage can overboard. No one was assigned to help him although the can was heavy, the rail high and the sea rough. The roll of the ship caused the can to be thrown backwards against petitioner, injuring him. Petitioner instigated this action for damages against respondent under the Jones Act in a Circuit Court of Oregon, alleging that respondent was “in possession of, controlled, navigated, managed and operated” the Davidson and was negligent in ordering petitioner to dump the garbage in a heavy' sea without assistance.…
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