While performing maritime service to a completed vessel afloat, he came to his death upon navigable waters as the result of a tort there committed. One of the company's tugs came near, negligently agitated the water, swamped the float, and precipitated him into the stream, where he drowned. He stood upon a scaffold resting upon a float alongside. Acting under this employment, he began to make repairs upon a scow moored in the navigable waters of Buffalo River. Leo Kierejewski, a master boilermaker, was employed by it to perform services as called upon. Plaintiff in error, a corporation engaged in dredging, pile driving, etc., maintains a yard at Buffalo, New York, and also keeps there scows and tugs. The sole question propounded upon this direct writ of error is whether the district court rightly held that it had jurisdiction to entertain the libel by which defendant in error sought to recover damages for the death of her husband. JUSTICE McREYNOLDS delivered the opinion of the Court. 480.Įrror to a judgment of the district court recovered by the defendant in error in her libel for damages for the death of her husband. The district court has admiralty jurisdiction over a libel to recover damages, in accordance with a local death statute, for a death occurring on navigable waters while the decedent was there performing maritime service to a completed vessel afloat, and occasioned by a tort then and there committed. 479 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK Syllabus 479 (1923) Great Lakes Dredge & Dock Company v.
Supreme Court Great Lakes Dredge & Dock Co.
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