Bowen v. Shamrock Towing Co.

SWAN, Circuit Judge.

This is an action under the Jones Act, 46 U.S.C.A. § 688, brought by a bargee against Shamrock Towing Company, owner of the barge upon which he was employed, to recover damages for personal injuries and maintenance and cure. The defendant’s answer interposed as a defense that the plaintiff’s exclusive remedy was under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., pursuant to which the defendant had provided a compensation policy which covered the plaintiff at the time of his accident. At a pretrial hearing the facts were stipulated.…