Robinson v. Lykes Bros. Steamship

Supreme Court of Louisiana

Robinson v. Lykes Bros. Steamship

172 So. 2d 292, 247 La. 482

CourtSupreme Court of Louisiana

DecidedMarch 12, 1965

DocketNo. 47633

StatusPublished

Cited by1 cases

This text of 172 So. 2d 292 (Robinson v. Lykes Bros. Steamship) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. Lykes Bros. Steamship, 172 So. 2d 292, 247 La. 482 (La. 1965).

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Opinion

In re: Rufus Robinson applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 170 So.2d 243.

Writ refused. The result is correct.

SANDERS, J.,

is of the opinion that the writ should be granted. The Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C.A. § 905), as construed by the United States Supreme Court and one line of lower federal court decisions, does not preclude an injured longshoreman from recovering damages from his employer when the employer is also the owner of the ship. Reed v. Steamship Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed. 2d 448; Hertel v. American Export Lines, D.C., 225 F.Supp. 704. The state courts have concurrent jurisdiction of such in per-sonam suits with the federal courts. 28 U.S.C.A. § 1333; Rojas v. Robin, 230 La. 1096, 90 So.2d 58 and the authorities therein cited; Davis v. Matson Navigation Co., D.C., 143 F.Supp. 537.

SUMMERS, J.,

is of the opinion the writ should be granted, for the result reached here is contrary to Reed v. Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448.

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In re: Rufus Robinson applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 170 So.2d 243.

Writ refused. The result is correct.

SANDERS, J.,

is of the opinion that the writ should be granted. The Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C.A. § 905), as construed by the United States Supreme Court and one line of lower federal court decisions, does not preclude an injured longshoreman from recovering damages from his employer when the employer is also the owner of the ship. Reed v. Steamship Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed. 2d 448; Hertel v. American Export Lines, D.C., 225 F.Supp. 704. The state courts have concurrent jurisdiction of such in per-sonam suits with the federal courts. 28 U.S.C.A. § 1333; Rojas v. Robin, 230 La. 1096, 90 So.2d 58 and the authorities therein cited; Davis v. Matson Navigation Co., D.C., 143 F.Supp. 537.

SUMMERS, J.,

is of the opinion the writ should be granted, for the result reached here is contrary to Reed v. Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448.

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Bluebook (online)

172 So. 2d 292, 247 La. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-lykes-bros-steamship-la-1965.

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