Van Camp Sea Food Co. v. Di Leva

This is an appeal from a final decree in admiralty which adjudged appellant employer liable to the 13 appellees, its employees on appellant’s oil screw fishing boat Bessemer for loss of their earnings due to the layup of the vessel from a collision caused by the negligent navigation of the fishing boat Gloria R, also owned and operated by the appellant.

The libel was amended several times, but issue was joined on a fifth amended libel by exception and answer. No ruling on the exception was given by Judge Harrison, then presiding. On motion to set the cause for hearing, Judge Harrison disqualified himself and the case was transferred to Judge Hall for further proceedings.

On the evidence, it was found that the libellants were employees of the appellant for the then sardine fishing season. With this we agree. Their wages were shares of the value of the sardine catch, 1 which under the employment agreement belonged to the appellant, after deducting fuel and dockage charges and social security and withholding taxes.

The Gloria R’s crew were similarly employed upon compensation dependent on the success of the season’s fishing venture of that particular vessel. We regard each of the…