Reiss Steamship Co. v. Cyr

JONES, Chief Judge.

Clarence R. Cark, deceased employee of plaintiff, was killed in 1949 while working aboard the ship of a third party. Under the terms of 33 U.S.C.A. § 901 et seq., the “Longshoremen’s and Harbor Workers’ Compensation Act”, the plaintiff became liable to deceased’s dependent mother, Kathryn M. Cark. However, since a third party was liable for causing the accident, 33 U.S.C.A. § 933 applied whereby the dependent was permitted to elect between suit against the third party for damages, or to receive compensation from plaintiff. The dependent elected to sue the third party,…