Chelentis v. Luckenbach Steamship Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. All decisions concede to the common-law courts the right to apply their own remedies in accordance with the provisions of the saving clause in § 9 of the Judiciary Act of 1789. As concurrent remedies existed at common law and under the maritime law in such cases, .a suitor always enjoyed the right to determine which remedy should be pursued, Leon v. Galceran, 11 Wall. 185…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. All decisions concede to the common-law courts the right to apply their own remedies in accordance with the provisions of the saving clause in § 9 of the Judiciary Act of 1789. As concurrent remedies existed at common law and under the maritime law in such cases, .a suitor always enjoyed the right to determine which remedy should be pursued, Leon v. Galceran, 11 Wall. 185 (an action for wages); Schoonmaker v. Gilmore, 102 U. S. 118 (a collision case); Chappell v. Bradshaw, 128 U. S. 132…
1Opinion of the CourtJustice McReynolds
In December, 1915, petitioner was employed by respondent, a- Delaware corporation, as fireman on board the steamship “ J. L. Luckenbach” which it then operated and controlled. While at sea, twenty-four hours out from New York, the port of destination, petitioner undertook to perform certain duties on deck during a heavy wind;. a wave came aboard, knocked him down and broke his leg. He received due care immediately; when the vessel arrived at destination he Vfas taken to thU marine hospital where he remained!for three months; during that time,it became necessary to amputate his leg. After…
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