Mitchell v. Trawler Racer, Inc.

362 U.S. 539, 80 S. Ct. 926, 4 L. Ed. 2d 941, 1960 U.S. LEXIS 1881
CourtSupreme Court of the United States
DecidedMay 16, 1960
Docket176
StatusPublished
Cited by811 cases

This text of 362 U.S. 539 (Mitchell v. Trawler Racer, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 80 S. Ct. 926, 4 L. Ed. 2d 941, 1960 U.S. LEXIS 1881 (1960).

Opinions

Mr. Justice Stewart

delivered the opinion of the Court.

The petitioner was a member of the crew of the Boston fishing trawler Racer, owned and operated by the [540]*540respondent. On April 1, 1957, the vessel returned to her home port from a 10-day voyage to the North Atlantic fishing grounds, loaded with a catch of fish and fish spawn. After working that morning with his fellow crew members in unloading the spawn,1 the petitioner changed his clothes and came on deck to go ashore. He made his way to the side of the vessel which abutted the dock, and in accord with recognized custom stepped onto the ship’s rail in order to reach a ladder attached to the pier. He was injured when his foot slipped off the rail as he grasped the ladder.

To recover for his injuries he filed this action for damages in a complaint containing three counts: the first under the Jones Act, alleging negligence; the second alleging unseaworthiness; and the third for maintenance and cure. At the trial there was evidence to show that the ship’s rail where the petitioner had lost his footing was covered for a distance of 10 or 12 feet with slime and fish gurry, apparently remaining there from the earlier unloading operations.

The district judge instructed the jury that in order to allow recovery upon either the negligence or unseaworthiness count, they must find that the slime and gurry had been on the ship’s rail for a period of time long enough for the respondent to have learned about it and to have removed it.2 Counsel for the petitioner requested that [541]*541the trial judge distinguish between negligence and unseaworthiness in this respect, and specifically requested him to instruct the jury that notice was not a necessary element in proving liability based upon unseaworthiness of the vessel. This request was denied.3 The jury awarded the petitioner maintenance and cure, but found for the respondent shipowner on both the negligence and unseaworthiness counts.

[542]*542An appeal was taken upon the sole ground that the district judge had been in error in instructing the jury that constructive notice was necessary to support liability for unseaworthiness. The Court of Appeals affirmed, holding that at least with respect to “an unseaworthy condition which arises only during the progress of the voyage,” the shipowner’s obligation “is merely to see that reasonable care is used under the circumstances . . . incident to the correction of the newly arisen defect.” 265 F. 2d 426, 432. Certiorari was granted, 361 U. S. 808, to consider a question of maritime law upon which the Courts of Appeals have expressed differing views. Compare Cookingham v. United States, 184 F. 2d 213 (C. A. 3d Cir.), with Johnson Line v. Maloney, 243 F. 2d 293 (C. A. 9th Cir.), and Poignant v. United States, 225 F. 2d 595 (C. A. 2d Cir.).

In its present posture this case thus presents the single issue whether with respect to so-called “transitory” unseaworthiness the shipowner’s liability is limited by concepts of common-law negligence. There are here no problems, such as have recently engaged the Court’s attention, with respect .to the petitioner’s status as a “seaman.” Cf. Seas Shipping Co. v. Sieracki, 328 U. S. 85; Pope & Talbot, Inc., v. Hawn, 346 U. S. 406; United Pilots Assn. v. Halecki, 358 U. S. 613, or as to the status of the vessel itself. Cf. West v. United States, 361 U. S. 118. The Racer was in active maritime operation, and the petitioner was a member of her crew.4

[543]*543The origin of a seaman’s right to recover for injuries caused by an unseaworthy ship is far from clear. The earliest codifications of the law of the sea provided only the equivalent of maintenance and cure — medical treatment and wages to a mariner wounded or falling ill in the service of the ship. Markedly similar provisions granting relief of this nature are to be found in the Laws of Oleron, promulgated about 1150 A. D. by Eleanor, Duchess of Guienne; in the Laws of Wisbuy, published in the following century; in the Laws of the Hanse Towns, which appeared in 1597; and in the Marine Ordinances of Louis XIV, published in 1681.5

For many years American courts regarded these ancient codes as establishing the limits of a shipowner’s liability to a seaman injured in the service of his vessel. Harden v. Gordon, 2 Mason 541; The Brig George, 1 Sumner 151; [544]*544Reed v. Canfield, 1 Sumner 195.6 During this early period the maritime law was concerned with the concept of unseaworthiness only with reference to two situations quite unrelated to the right of a crew member to recover for personal injuries. The earliest mention of unseaworthiness in American judicial opinions appears in cases in which mariners were suing for their wages. They were required to prove the unseaworthiness of the vessel to excuse their desertion or misconduct which otherwise would result in a forfeiture of their right to wages. See Dixon v. The Cyrus, 7 Fed. Cas. 755, No. 3, 930; Rice v. The Polly & Kitty, 20 Fed. Cas. 666, No. 11, 754; The Moslem, 17 Fed. Cas. 894, No. 9,875. The other route through which the concept of unseaworthiness found its way into the maritime law was via the rules covering marine insurance and the carriage of goods by sea. The Caledonia, 157 U. S. 124; The Silvia, 171 U. S. 462; The Southwark, 191 U. S. 1; I Parsons on Marine Insurance (1868) 367-400.

Not until the late nineteenth century did there develop in American admiralty courts the doctrine that seamen had a right to recover for personal injuries beyond maintenance and cure. During that period it became generally accepted that a shipowner was liable to a mariner injured in the service of a ship as a consequence of the owner’s failure to exercise due diligence. The decisions of that era for the most part treated maritime injury cases on the same footing as cases involving the duty of a shoreside employer to exercise ordinary care to provide his employees with a reasonably safe place to work. Brown v. The D. S. Cage, 4 Fed. Cas. 367, No. 2002; [545]*545Halverson v. Nisen, 11 Fed. Cas. 310, No. 5970; The Noddleburn, 28 Fed. 855; The Neptuno, 30 Fed. 925; The Lizzie Frank, 31 Fed. 477; The Flowergate, 31 Fed. 762; The A. Heaton, 43 Fed. 592; The Julia Fowler, 49 Fed. 277; The Concord, 58 Fed. 913; The France, 59 Fed. 479; The Robert C. McQuillen, 91 Fed. 685.

Although some courts held shipowners liable for injuries caused by “active” negligence, The Edith Godden, 23 Fed. 43; The Frank & Willie, 45 Fed. 494, it was held in The City of Alexandria, 17 Fed. 390, in a thorough opinion by Judge Addison Brown, that the owner was not liable for negligence which did not render the ship or her appliances unseaworthy.

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

Related

Quiles v. City of New York
978 F. Supp. 2d 374 (S.D. New York, 2013)
Moore v. United States
817 F. Supp. 2d 1136 (N.D. California, 2011)
In Re Dieber
793 F. Supp. 2d 632 (S.D. New York, 2011)
Scoran v. Overseas Shipholding Group, Inc.
703 F. Supp. 2d 437 (S.D. New York, 2010)
Frazier v. Core Industries, Inc.
39 So. 3d 140 (Supreme Court of Alabama, 2009)
Federal Insurance v. PGG Realty, LLC
538 F. Supp. 2d 680 (S.D. New York, 2008)
Taylor v. TECO Barge Line, Inc.
517 F.3d 372 (Sixth Circuit, 2008)
Anastasiou v. M/T WORLD TRUST
338 F. Supp. 2d 406 (E.D. New York, 2004)
Barlas v. United States
279 F. Supp. 2d 201 (S.D. New York, 2003)
Zuniga v. TMF, INC.
261 F. Supp. 2d 518 (E.D. Virginia, 2003)
Cammon v. City of New York
744 N.E.2d 114 (New York Court of Appeals, 2000)
Underwriters at Lloyd's v. LaBarca
106 F. Supp. 2d 205 (D. Puerto Rico, 2000)
Ex Parte CSX Transp., Inc.
735 So. 2d 476 (Supreme Court of Alabama, 1999)
Peterson v. Great Hawaiian Cruise Line, Inc.
33 F. Supp. 2d 879 (D. Hawaii, 1998)
Saleh v. United States
849 F. Supp. 886 (S.D. New York, 1994)
Colon v. Apex Marine Corp.
832 F. Supp. 508 (D. Rhode Island, 1993)
Cella v. United States
825 F. Supp. 1383 (N.D. Indiana, 1992)
Blommer Chocolate Co. v. Nosira Sharon Ltd.
776 F. Supp. 760 (S.D. New York, 1991)
Turner v. Niagara Frontier Transportation Authority
748 F. Supp. 80 (W.D. New York, 1990)
Ward v. American Hawaii Cruises, Inc.
719 F. Supp. 915 (D. Hawaii, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
362 U.S. 539, 80 S. Ct. 926, 4 L. Ed. 2d 941, 1960 U.S. LEXIS 1881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-trawler-racer-inc-scotus-1960.