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Robinson v. Lykes Bros. Steamship Co.

Supreme Court of Louisiana
Mar 12, 1965
172 So. 2d 292 (La. 1965)

Opinion

No. 47633.

March 12, 1965.

IN RE: RUFUS ROBINSON APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS.


Writ refused. The result is correct.

SANDERS, J., is of the opinion that the writ should be granted. The Longshoremen's and Harbor Workers' Compensation Act (33 U.S.A. §§ 905), as construed by the United States Supreme Court and one line of lower federal court decisions, does not preclude an injured longshoreman from recovering damages from his employer when the employer is also the owner of the ship. Reed v. Steamship Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448; Hertel v. American Export Lines, D.C., 225, F. Supp. 704. The state courts have concurrent jurisdiction of such in personam suits with the federal courts. 28 U.S.C.A. § 1333; Rojas v. Robin, 230 La. 1096, 90 So.2d 58 and the authorities therein cited; Davis v. Matson Navigation Co., D.C., 143 F. Supp. 537.

SUMMERS, J., is of the opinion the writ should be granted, for the result reached here is contrary to Reed v. Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448.


Summaries of

Robinson v. Lykes Bros. Steamship Co.

Supreme Court of Louisiana
Mar 12, 1965
172 So. 2d 292 (La. 1965)
Case details for

Robinson v. Lykes Bros. Steamship Co.

Case Details

Full title:RUFUS ROBINSON v. LYKES BROS. STEAMSHIP CO., INC

Court:Supreme Court of Louisiana

Date published: Mar 12, 1965

Citations

172 So. 2d 292 (La. 1965)
247 La. 481

Citing Cases

Jackson v. Lykes Bros. Steamship Co.

SANDERS and SUMMERS, JJ., are of the opinion that a writ should be granted. See Robinson v. Lykes Bros. S.S.…