Opinion · Court of Appeals for the Second Circuit
Forster v. Oro Navigation Co.
228 F.2d 319
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1955-12-07
- Topic
- general
How later courts describe this case
- penalty wages "statute, designed to protect seamen, must be liberally interpreted for their benefit"
Citator
UpLaw has not yet analyzed Forster v. Oro Navigation Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 11 opinions
FORSTER v. ORO NAVIGATION COMPANY,228 F.2d 319(2nd Cir. 1955)
Keith W. FORSTER, Plaintiff-Appellee, v. ORO NAVIGATION COMPANY,
Defendant-Appellant.
No. 118, Docket 23303.
United States Court of Appeals, Second Circuit.
Argued November 14, 1955.
Decided December 7, 1955.
Dunn Zuckerman, New York City (Morton Zuckerman and Mortimer E. Greif, New York City, of counsel), for plaintiff-appellee.
Before FRANK, MEDINA and HINCKS, Circuit Judges.
46 U.S.C.A. § 596 imposes the duty of payment on "the master or owner". We think that, if the master fails to pay without sufficient cause, his neglect becomes also that of the owner,Page 320so that either is liable.1The statute, designed to protect seamen, must be liberally interpreted for their benefit.2Accordingly, Compagnie General Transatlantique v. Elting,298 U.S. 217, 56 S.Ct. 770, 80 L.Ed. 1151, interpreting a statute, 8 U.S.C. § 167(a), with quite a different purpose, is inapposite.
Affirmed.
- Cf. Shilman v. United States, 2 Cir.,164 F.2d 649, 650. ↩
- Wilder v. Inter-Island Navigation Co.,211 U.S. 239, 29 S.Ct. 58, 53 L.Ed. 164; Shilman v. United States, 2 Cir.,164 F.2d 649, 650. ↩