Pillsbury
Pacific Employers Ins. v. Pillsbury
Opinion
Lead Opinion
Garrecht, J.
This appeal is taken from a decree of the District Court of the United States for the Northern District of California, Southern Division, affirming an award made under the Longshoremen’s and Harbor Workers’ Compensation Act, c. 509, 44 Stat. 1424 , 33 U.S.C.A. § 901 et seq., to David E. Slawson by Warren H. Pillsbury, Deputy Commissioner of the United States Employees’ Compensation Commission for the 13th District, and dismissing a libel brought by appellant Bay Transport Company and its insurance carrier, appellant Pacific Employers Insurance Company, which sought to enjoin the compensation order and award on the ground that claimant Slawson was a “member of a crew”, within the meaning of that expression as used in Section 3(a) (1) of the Act. That section provides that no compensation shall be payable in respect of the disability or death of a “member of a crew of any vessel”.
As to the facts of this suit there is little or no dispute. The following statement of the case is taken from the evidence, which was submitted at a hearing before the deputy commissioner:
The S. S. “Crockett”, a licensed vessel of more than eighteen tons net, operated only upon San Francisco Bay and its…