Warren v. United States (340 U.S. 523)
U.S. Supreme Court · decided February 26, 1951 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 523 · 71 S. Ct. 432
- Decided
- February 26, 1951
- Term
- October Term 1950
- Vote
- 6–3
- Majority author
- Justice Douglas
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. Petitioner seeks in this suit maintenance and cure from the United States, as owner of S. S. Anna Howard Shaw. Petitioner was a messman who went ashore on leave while the vessel was at Naples in 1944. He and two other members of the crew first did some sightseeing. Then the three of them drank one bottle of wine and went to a dance hall, where they stayed an hour and a half, dancing. There was a room adjoining the dance hall that overlooked the ocean. French doors opened onto an unprotected ledge which extended out from the building a few feet. Petitioner stepped to within 6 inches of the edge and leaned over to take a look. As he did so, he took hold of an iron rod which seemed to be attached to the building. The rod came off and petitioner lost his balance and fell, breaking a leg. The District Court awarded maintenance. 75 F. Supp. 210, 76 F. Supp. 735. The Court of Appeals disallowed it. 179 F. 2d 919. The case is here on certiorari. The Shipowners’ Liability Convention, proclaimed by the President Sept. 29, 1939, 54 Stat. 1693, provides in Art. 2: “1. The shipowner shall be liable in respect of— “(a) sickness and injury occurring between the date specified in the articles of agreement for reporting for duty and the termination of the engagement; “(b) death, resulting from such sickness or injury. “2. Provided that…
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