Matson Navigation Co. v. United States

This libel arises out of the death of a longshoreman employed by the United States who was killed in a fall while unloading cargo belonging to the United States from a vessel owned and operated by libelant Matson. Because of the longshoreman’s status as an employee of the United States, his widow and minor children were awarded compensation pursuant to the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq. Thereafter, the widow and children brought a diversity suit at law against Matson, alleging that the longshoreman’s death was proximately caused by the negligence of Matson. 1

Matson then filed the present libel against the United States pursuant to the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., alleging that the longshoreman’s death was caused by the negligence of the United States and praying for a judgment against the United States for the damages Matson might be required to pay in the suit against it and for its fees and expenses incurred in that action.

Upon the trial of the lawsuit against Matson, the jury returned a verdict in favor of Matson. Matson now seeks to recover from the United States in this admiralty action the attorneys’ fees and expenses…