Jackson v. Lykes Bros. Steamship Company, Inc.

PETITIONER: Jackson
RESPONDENT: Lykes Bros. Steamship Company, Inc.
LOCATION: Hayden Residence

DOCKET NO.: 575
DECIDED BY: Warren Court (1965-1967)
LOWER COURT: State appellate court

CITATION: 386 US 731 (1967)
ARGUED: Apr 12, 1967
DECIDED: May 08, 1967

Facts of the case

Question

Media for Jackson v. Lykes Bros. Steamship Company, Inc.

Audio Transcription for Oral Argument - April 12, 1967 in Jackson v. Lykes Bros. Steamship Company, Inc.

Earl Warren:

Number 575, Helen Jackson versus Lykes Brothers Steamship Company Incorporated.

Mr. Maloney.

Charles R. Maloney:

Yes sir.

I would like to have 20 minutes on direct and 10 on rebuttal.

Earl Warren:

You do have the time anyway you want.

Charles R. Maloney:

Yes sir.

Can I begin sir?

Earl Warren:

You may proceed, yes.

Charles R. Maloney:

Yes.

This is a death case.

This is a death case involving a longshoreman employed by Lykes Brothers Steamship Company Inc. Lykes Brothers is a steamship operator that acted as a stevedore, acted as a ship owner and acted as a ship operator, the primary purpose instead of a ship operator and a ship owner.

Stevedoring is only secondary ancillary to their operation of the ships.

They have approximately 45 ships that they operate.

Luther Jackson was a longshoreman; he was employed to board one of the vessels owned and operated by Lykes.

He was employed direct by Lykes.

In the course of this employment, he was caused to inhale fumes from insecticide which ultimately cause or contributed to his death.

No proceedings were had in this case before the U.S. Deputy Commissioner.

There's no award here, there is no compensation payments, there is no voluntary or involuntary payments of compensation under the Deputy Commissioner proceedings.

There have been no proceedings before the Deputy Commissioner.

The first proceeding was in the Civil District Court for the State of Louisiana, the Civil District Court for the Parish of Orleans.

This is a state court.

This is a state court forum.

Suit was filed in a state court forum on the four basic counts.

Number one, under the Jones Act; number two, under the General Maritime Law has supplemented by our survivorship and wrongful death statute 2315; and number three, on the Louisiana tort; number four, in Louisiana workmen's compensation.

Byron R. White:

Is there any question in this case that if there had not been a death involved that you would have had a maritime cause of action for negligence?

Charles R. Maloney:

No sir.

They denied us a claim under the Jones Act.

They denied --

Byron R. White:

But that's different, that's a different --

Charles R. Maloney:

They -- this have might --