Marine Stevedoring Corp. v. Oosting

HAYNSWORTH, Chief Judge, with whom BOREMAN, Circuit Judge, joins

(dissenting):

I concur in the affirmance of Marine Stevedoring Corporation v. Oosting, in which the longshoreman met his death by drowning, but I respectfully dissent in the other cases, in which the longshoremen died or were injured on the dock. When construing a statute, as we are, it is not for us heedlessly to pursue our own notion of what the congressional judgment should have been or to deal cavalierly with restrictions specified by Congress. Nor do we serve the purpose of eliminating incongruity by transferring it elsewhere…