Opinion · Supreme Court of the United States
Waldron v. Moore-McCormack Lines, Inc.
18 L. Ed. 2d 482
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1967-06-12
- Topic
- general
holding that 'the classic case of unseaworthiness arises when the vessel is either insufficiently or defectively equipped'; emphasis added | holding that a party should be allowed to present a theory of unseaworthiness based on inadequate crew to a jury | holding that crew’s misuse of equipment pursuant to order rendered vessel unseaworthy | expanding the definition of "unseaworthy" to include instances in which an insufficient number of men are assigned to a particular task | expanding the definition of “unseaworthy” to include instances in which an insufficient number of men are assigned to a particular task | expanding the definition of “unseaworthy” to include instances in which an insufficient number of men are assigned to a particular task | reversing lower courts’ judgments setting aside jury verdict of unseaworthiness and rejecting strict lines being drawn between or among different components of seaworthiness | seaman introduced expert evidence "to the effect that 3 or 4 men rather than 2" were required for the job | unseaworthiness may result when a member of the crew is not competent to meet the tasks arising on a voyage | unseaworthiness may result when a member of the crew is not competent to meet the tasks arising on a voyage | unseaworthiness may result when a member of the crew is not competent to meet the tasks arising on a voyage | "[E]ven though the equipment furnished for [a] particular task is itself safe and sufficient, its misuse by the crew renders the vessel unseaworthy." | assignment of two crew members to uncoil rope, a job properly performed by three or four crew, supports unseaworthiness claim | seaman introduced expert evidence “to the effect that 3 or 4 men rather than 2” were required for the job | jury question whether assignment of two men to do work of three or four in hauling heavy mooring line along deck during docking made vessel unseaworthy | jury question whether assignment of two men to do work of three or four in hauling heavy mooring line along deck during docking made vessel unseaworthy | no right to jury trial for claim based on general maritime law | an incompetent or insufficient crew may render a vessel unsea-worthy
Citator
- Cited by
- 77 opinions
delivered the.opinion of the Court.
The single legal question presented by this case is whether a vessel is unseaworthy when its officers assign too few crewmen to perform a particular task in a safe and prudent manner. It is to resolve this question, which the lower courts answered in the negative1 and which has caused a conflict afnong circuits,2 that we granted certiorari. 385 U. S. 810.
“If someone is injured solely by reason of an act or omission on the part of any member of a crew found*726 to be possesséd of the competence of men of his eall-ing, there can be no. recovery unless the act or omission is proved to be negligent.” 356 F. 2d, at 251.
It is here unnecessary to trace the history of the judicial development and expansion of the doctrine of unseaworthiness. That task was recently performed in Mitchell v. Trawler Racer, Inc., 362 U. S. 539, 543-549, where the Court, rejecting the notion that a shipowner,is liable for temporary unseaworthiness only-if he is negligent, concluded: “There is no suggestion in any of the decisions that the duty is less onerous with respect to ... an unsea-worthy condition which may be only temporary. . . . What has evolved is a complete divorcement of unseaworthiness liability from concepts of negligence.” 362 U. S., at 549, 550. It is that principle which we conclude the lower courts failed to apply in their decisions in this case.
The basic issue here is whether there is any justification, consistent.with the broad remedial purposes of the doctrine of unseaworthiness, for drawing a distinction between the ship’s equipment, on the one hand, and its personnel, on the other. As regards equipment, the classic case of unseaworthiness arises when the vessel is either insufficiently or defectively equipped.3 In Mahnich v. Southern S. S. Co., 321 U. S. 96, however., the Court made it clear that the availability of safe and sufficient gear ón board does not preyent the actual use of defective gear from constituting unseaworthiness, for the test of seaworthiness is to be applied “when and where the work is to be done.” Id., at 104. And in Crumady v. The J. H. Fisser, 358 U. S. 423, we further clarified the extent of
We likewise see ho reason to draw, that line here. That, being so, under Mahnich it makes no . difference that respondent’s vessel was fully manned or that there was a sufficient complement of seamen engaged in the overall docking operation, for there were too few men assigned “when and where” the job of uncoiling the rope was to be done.5 And under Crumady it makes no difference that the third mate and two men he assigned to perform the job were themselves competent seamen, or that the rope was itself a sound piece of gear. By assigning too few men to uncoil and carry the heavy rope, the mate caused both the men and the rope to be misused.
Compare American President Lines, Ltd. v. Redfern, 345 F. 2d 629, with The Magdapur, 3 F. Supp. 971; Koleris v. S. S. Good Hope, 241 F. Supp. 967; and the instant case. Other cases from the Third, Fourth, Fifth, and Ninth Circuits also seem to suggest a result different from the’one reached in the instant case. See, e. g., Ferrante v. Swedish American Lines, 331 F. 2d 571, cert. dismissed, 379 U. S. 801; Thompson v. Calmar S. S. Corp., 331 F. 2d 657, cert. denied, 379 U. S. 913; Hroncich v. American President Lines, Ltd., 334 F. 2d 282; Scott v. Isbrandtsen Co., 327 F. 2d 113; Blassingill
See generally Gilmore & Black, The Law of Admiralty § 6-38 et seq. (1957).
This statement, of course, was made in the context of our holding that unseaworthiness results when a member of the crew is “not equal in disposition to the ordinary men of that calling.” 348 U. S., at 340. That is so, we explained, because the shipowner has a duty to provide a crew “competent to meet the contingencies of the voyage.” Ibid. The Court of Appeals here recognized that “the. vessel must be manned by ah adequate and proper number of men,” 356 F. 2d, at 251 (see, e. g., DeLima v. Trinidad Corp., 302 F. 2d 585; June T., Inc. v. King, 290 F. 2d 404), but then proceeded 4q draw a distinction between a well-manned ship and a well-manned operation aboard the ship.
Under Mitchell, it makes no difference that the unseaworthy condition caused by inadequate manpower “may be only temporary.” 362 U. S., at 549. See generally Note, 76 Harv. L. Rev. 819 (1963).