Atlantic Coast Shipping Co. v. Royster

129 A. 668, 148 Md. 443, 1925 Md. LEXIS 53
CourtCourt of Appeals of Maryland
DecidedJune 11, 1925
StatusPublished
Cited by3 cases

This text of 129 A. 668 (Atlantic Coast Shipping Co. v. Royster) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atlantic Coast Shipping Co. v. Royster, 129 A. 668, 148 Md. 443, 1925 Md. LEXIS 53 (Md. 1925).

Opinion

Urner, J.,

delivered the opinion of the -Court.

The appellees are the widow and children of Luther Royster, who- fell from -a pier and was drowned in Baltimore Harbor -during the course of his employment as a stevedore foreman. Compensation under the Maryland law was awarded his dependents by the State Industrial Accident Commission. Its -order was -affirmed on appeal by the employer and insurer to the Superior Court of Baltimore City. The -appeal to this Co-urt presents for review the action of the court below in refusing an instruction which would have involved a reversal of the order -awarding compensation.

The facts -are undisputed. Royster was assisting on the pier in unloading ore from the hold of a steamer. The ore *445 was being hoisted in tubs by machinery and dumped into cars on the pier. A wire cable attached to a steel windlass on the bow of the vessel was used to draw the ears into1 position for receiving the ore. The operation of the cable having become impeded by a low post on the pier, Royster was in the act of properly adjusting the cable when it was suddenly drawn taut by the windlass and struck him below the knees. As he fell backwards from, the blow he caught hold of the cable, but could not retain that support and dropped into the water.

The question to be decided is whether, in view of the nature of Royster’s employment, and of the fact that he was drowned in navigable water into which he was thrown by an appliance operated from the vessel he was helping to unload, his death should be held to have resulted from a maritime accident. If it must be so regarded, the ease is not within, the jurisdiction of the ¡State Industrial Accident Commission, or of the tribunals to which it ha® been appealed. Southern P. Co. v. Jensen, 244 U. S. 205; Clyde S. S. Co. v. Walker, 244 U. S. 255; Peters v. Veasey, 251 U. S. 121; Knickerbocker Ice Co. v. Stewart, 253 U. S. 149; Great Lakes Dredge & Dock Co. v. Kierejewski, 261 U. S. 479; Washington v. Dawson & Co., 264 U. S. 219; Robins Dry Dock Co. v. Dahl, 266 U. S. 449; Annotations, 25 A. L. R. 1029, 31 A. L. R. 518.

In State Industrial Accident Commission v. Nordenholt Corp., 259 U. S. 263, it was held that the Hew York Workmen’s Compensation Act could be applied to the accidental injury, resulting in the death, of a longshoreman engaged upon the dock in, unloading a vessel lying in navigable waters in Brooklyn. The injury was caused by the fall of the longshoreman, Insana, from a pile of cement in bags which he was helping to tier up as the cargo was being hoisted from the vessel to the dock. In the opinion delivered for the Supreme Court, by Mr. Justice MeReynolds, it was said: “When an employee working on board a vessel in navigable waters sustains personal injuries there and seeks damages *446 from the employer, the applicable legal principles are very different from those which would control if he had been injured on the land while unloading the vessel. In the former situation the liability of the employer must be determined under the maritime law; in the latter, no general maritime rule prescribes the liability, and the local law has always been applied. The liability of the employer for damage's on account of injuries received on shipboard by an employee under a maritime contract is matter within the admiralty jurisdiction; but not so when the accident occurs on land.” * * * Insana was injured upon the dock, an extension of the land (Cleveland Term. & Valley R. Co. v. Cleveland S. S. Co., 208 U. S. 316), and certainly, prior to the Workmen’s Compensation Act, the aemployer’s- liability for damages would have depended upon the common law and the state statutes. Consequently, when the Compensation Act superseded other state laws touching the liability in question, it did not come into conflict with any superior maritime law. And this is true whether awards under the act are made as upon implied agreements or otherwise. The stevedore’s contract of employment did not contemplate any dominant federal rule concerning the master’s liability for personal injuries received on land.”

The initial injury sustained by the husband and father of the appellees in this case was received on the land, while its fatal result occurred in the water into, which he fell. If he had succeeded in preventing his fall from the pier, any physical injuries inflicted upon him by the blow from the cable would unquestionably be within the remedial provisions of the Workmen’s Compensation Act. The injuries being actually received on land, they would not acquire a distinctive maritime 'character merely because the cable which struck the plaintiff was moved by a windlass on the ship. If he had been hurt on the pier by falling over the cable, the fact that it was connected with the vessel would certainly not be sufficient to differentiate the case from the one we have cited, in which the falling of a stevedore on the dock, while handling *447 bags of cement as they were hoisted from the ship, was held not to be a maritime accident. The drowning of Royster was a consequence of the accident on the pier. The blow from the wire cable which caused him to fall into the water may have disabled him from swimming ashore or keeping afloat until he could he rescued. It was undoubtedly the efficient cause of the fatality. The1 decisive significance of the fact that the original injury occurred on the pier is emphasized by Mr. Justice McReynoIds’ reference, in Washington v. Dawson & Co., supra, to the case of State Industrial Commission v. Nordenholt Corp., supra, as one relating “to a claim based upon death which resulted from injuries received by the longshoreman while on the dock — a matter never within the admiralty jurisdiction.”

In Lermond’s case, 122 Me. 319, a, pipe fitter employed on a ship engaged in interstate commerce was leaving the vessel by a ladder extending from the wharf to the deck, and was thrown into the water by the slipping of the ladder. He was injured by striking, in the course of his fall, a bumper log fastened to the wharf by wire cables. Because of the permanency of its attachment, the bumper log was. considered by the court to be a part of the wharf, and the injury received from contact with it was therefore held to be one for which a claim was sustainable under the Workmen’s Compensation Law of the state.

In Martin v. West.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rudo v. A. H. Bull Steamship Co.
177 A. 538 (Court of Appeals of Maryland, 1935)
Arundel Corp. v. Ayers
175 A. 586 (Court of Appeals of Maryland, 1934)
Jarka Company v. Gancl
131 A. 754 (Court of Appeals of Maryland, 1926)

Cite This Page — Counsel Stack

Bluebook (online)
129 A. 668, 148 Md. 443, 1925 Md. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-shipping-co-v-royster-md-1925.