Herbert's Case

The main question for decision is whether this claim can be prosecuted under the workmen’s compensation act or whether it is outside the scope of that act because within the exclusive jurisdiction of admiralty. The pertinent facts are these: The deceased employee worked on a scow used by his employer only to carry garbage from Boston over navigable waters to Spectacle Island where it was unloaded. That island is distant about two miles from the shore and is in Boston harbor within the city of Boston. The scow was part of the time at Dorchester on the shore of the mainland and part of the time…