COMPENSATION UPHELD I OR
LAND INJUR/ IN FISHING
APERATIONS
-o
Alaska Packers’ Association, Pe
titioner v Industrial Commis
sion of the State of California
and John Peterson, Respond
ents. No. 266. Supreme Court
of the United States.
The respondent Peterson sus
tained bodily injuries while,
standing on land in Alaska, he
was endeavoring to push into
navigable waters a small strand
ed boat used in taking fish, the
immediate purpose being to float
the boat to the dock nearyby in
order that it might be lifted
thereon and stored for the win
ter.
He had been employed in Cal
ifornia to work on a bark and
fishing boat and to perform serv
ices as directed on land in con
nection with the employers’ can
ing operations in Alaska.
The court upholds herein that
when injured employee was
not engaged in any work so di
rectly connected with naviga
tion and commerce that to per
mit the rights of the parties to
be controlled by the local law
would interfere with the essen
tial uniformity of the general
maritime law.
On writ of certiorari to the Su
preme Court of the State of
California.
Duties Were Varied
Mr. Justice McReynolds deliv
ered the opinion of the court.
The full text follows:
While standing on the land in
Alaska respondent Peterson en
deavored to push into navigable
water a stranded boat, 26 feet
long, theretofore used by him
and and another for taking fish,
and while so engaged sustained
bodily injuries. The fishing
season had ended, the nets had
been removed, and the boat,
partly in the water, was resting
on the sand. The immediate
purpose was to float it to the
dock nearby in order that it
might be lifted thereon and
stored for the winter, according
to the ordinary practice.
Petitioner is a California cor
poration engaged in the business
of taking fish in Alaska and
canning them at its factory lo
cated in that Territory. Peter
son resided in California. With
in that State he entered into a
contract with the Associaion
whereby he agreed to go to Alas
ka as a seaman on its bark “Star
of Iceland” and after arriving
at the cannery to go ashore and
act there as directed—“anything
I was told to do.” Among other
things, he made nets, fixed up
the small boats always kept
there, took them out and served
as a fisherman on one of them.
Judgment Is Affirmed
The Industrial Accident Com
mission of California, purport
ing to act under the laws of the
State, made an award against
the petitioner and in favor of
Peterson, and this was affirmed
by the Supreme Court. The
judgment is challenged here up
on the sole ground that when
injured he was doing ground
work under a maritime contract
and that the rights and liabil
ities of the parties must be de
termined by applying the gener
al rules of maritime law, and
not otherwise. Union Fish Co
v. Erickson, 248 U. S. 308; South
ern Pacific Co. v Jensen, 244 U.
S. 205, and similar cases are re
lid upon.
Whether in any possible view
the circumstances disclose a
cause within the admiralty jur
isdiction, we need not stop tc.
determine. Even if an affirma
tive answer must be assumed,
the petitioner must fail. Peter
son was not employed merely u»
work on the bark or the fishing
boat. He also undertook to per
form services as directed on land
in connection with the canning
operations. When injured cer
tainly he was not engaged in any
work so directly connected with
navigation and commerce that
to permit the rights of the part
ies to be controlled by the local
law would interfere with the es
sential uniformity of the gener
al maritime law. The work was
really local in character. The
doctrine announced in Grant
Smith Porter Ship Co. v Rohde,
259 U. S. 469, and Miller’s Ind.
Underwriters v Braud, 270 U. S
59, 64. is incombatible with the
petitioner’s claim.
The judgment of the court be
low must be affirmed.
April 9, 1928.
SHELBY C. SHCHICK
Physician ami Surgeon
Upstairs over U. S. Customs
Hours 1 to 4 and 6:30 to 8
Sunday by appointment only
Telephone 57
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