The Student
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the District of Maryland, at Baltimore; John C. Rose, Judge. Suit in admiralty by Mattie Krcszewski, administratrix of .Karmier Krcszewski. deceased, against the British steamship Student and the Terminal Shipping Company. Decree against the Student, and Rich,ard Watson, master and claimant, and the Charente Steamship Company, Limited, owner, appeal.
1Dissent
DAYTON, District Judge.
I dissent. To sustain this decree for $5,000 against this Steamship Company upon the evidence contained in this record, in my judgment, leads this court, in effect, to establish the doctrine that an employer must be an insurer against accident, not only to his own employe, but to the employé of his independent, contractor, unless the accident results solely from the negligence of the injured employé himself. Such a decision of the case, in my judgment, annuls the well-settled rules that (a) the fact of accident carries with it no presumption of negligence on the part of…
2Cases cited24 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- United States v. RossSupreme Court of the United States · 1876
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Manning v. Insurance Co.Supreme Court of the United States · 1880
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