Claim of Reinhardt v. Newport Flying Service Corp.
New York Court of Appeals
Appeal from an ordfer of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant was, at the time of .the accident, engaged in a maritime employment, under a maritime contract, upon navigable waters; jurisdiction over all claims in such cases is reserved by the Constitution of the United States to the federal courts.
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Appeal from an ordfer of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant was, at the time of .the accident, engaged in a maritime employment, under a maritime contract, upon navigable waters; jurisdiction over all claims in such cases is reserved by the Constitution of the United States to the federal courts. (Stewart v. Knickerbocker Ice Company, 253 U. S. 149; Jensen v. Southern Pacific Company, 244 U. S. 205; The C. Vanderbilt, 86…
1Opinion of the CourtCardozo, J.
Claimant was employed in the care and management of a hydro-aeroplane, which was moored in navigable waters at Gravesend Bay, Brooklyn.. The plane traveled between Brooklyn, New York, and Miami, Florida. While moored in these navigable waters, it began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water to turn the plane about, and was struck by the propeller. The question to be determined is whether he was injured by a vessel. If he was, the jurisdiction of the admiralty excludes the jurisdiction of the commission (Knickerbocker…
2Cases cited4 opinions
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Ellis v. United StatesSupreme Court of the United States · 1907
- The Robert W. ParsonsSupreme Court of the United States · 1903
- Cope v. Vallette Dry Dock Co.Supreme Court of the United States · 1887
3Cited by25 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- Smith v. Pan Air Corp.Court of Appeals for the Fifth Circuit · 1982
- Hylas N. Hastings v. Carl D. Mann, T/a Mann's Harbor Marina, Mann's Harbor, North CarolinaCourt of Appeals for the Fourth Circuit · 1965
- McGuire v. City of New YorkDistrict Court, S.D. New York · 1961
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