Usner v. Luckenbach Overseas Corp.

Me. Justice Douglas, with whom Me. Justice Black and Me. Justice Brennan concur,

dissenting.

While petitioner was working on a barge loading, cargo into a hatch of the. ship, he was injured as a result of the negligent operation of a winch. The winch was part of the ship and the winch operator was a member of the crew of the stevedores. The injury was caused by a lowering of a sling, which carried the cargo, too quickly and too far.

Prior to the 1970 Term the judgment denying recovery would have been reversed, probably out of hand. We held in Mahnich v. Southern S. S. Co., 321 U. S. 96, that the…