Berry v. M. F. Donovan & Sons
Supreme Judicial Court of Maine
On appeal by defendants. An appeal from a decree by a Justice of the Supreme Judicial Court in conformity with the finding of the Industrial Accident Commission that M. F. Donovan & Sons, or their insurance carrier, pay to plaintiff compensation in the sum of $15 per week from February 4, 1921, to February 24, 1921. The plaintiff was injured while in the employment of the defendant in unloading railroad ties from a vessel tied to one of the wharves in Portland harbor.
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On appeal by defendants. An appeal from a decree by a Justice of the Supreme Judicial Court in conformity with the finding of the Industrial Accident Commission that M. F. Donovan & Sons, or their insurance carrier, pay to plaintiff compensation in the sum of $15 per week from February 4, 1921, to February 24, 1921. The plaintiff was injured while in the employment of the defendant in unloading railroad ties from a vessel tied to one of the wharves in Portland harbor. The ties were being lifted from the vessel by means of a derrick installed on the vessel and swung out over the wharf and…
1Opinion of the CourtDunn, J.
Mr. Justice Holmes, speaking for the court of which he is, in the case of The Blackheath, 195 U. S., 361, 49 Law Ed., 236, uses language worthy a sort of copyright. He says that ‘ (the precise scope of admiralty jurisdiction is not a matter of obvious principle or of very accurate history.”
The power of the Congress to legislate respecting maritime contracts, is paramount. This prerogative finds origin in that provision of the Federal Constitution enabling the mailing of all laws necessary and proper for carrying into execution the powers vested by the supreme organic law in the government of…
2Cases cited37 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- The LottawannaSupreme Court of the United States · 1875
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- The PlymouthSupreme Court of the United States · 1866
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3Cited by16 opinions
- Portland Pipe Line Corp. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1973
- Coolidge v. Riverdale Local School DistrictOhio Supreme Court · 2003
- Leszczymski v. Andrew Radel Oyster Co.Supreme Court of Connecticut · 1925
- Bell v. Southern Casualty Co.Court of Appeals of Texas · 1924
- Travelers Insurance v. BaconCourt of Appeals of Georgia · 1923
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