garrett
argued
november
decided
december
abraham
freedman
philadelphia
petitioner
rowland
evans
philadelphia
respondents
justice
black
delivered
opinion
petitioner
injured
working
seaman
respondent
vessel
traveling
european
ports
spent
number
months
hospitals
gdynia
poland
brought
suit
pennsylvania
state
damages
pursuant
section
merchant
marine
jones
maintenance
cure
pennsylvania
courts
litigation
evidences
apparently
quite
willing
make
available
enforcement
rights
petitioner
attributed
condition
blow
hatch
cover
allegedly
fell
respondent
negligence
respondent
joined
issue
generally
contested
extent
injuries
received
contended
serious
injuries
exist
caused
fight
copenhagen
accidents
prior
voyage
additional
defense
respondent
also
alleged
consideration
petitioner
executed
full
release
denying
knowledge
signed
instrument
petitioner
asserted
name
appeared
signature
obtained
fraud
misrepresentation
without
binding
valid
consideration
petitioner
execute
release
several
days
return
country
testimony
discussion
respondent
claim
agent
took
place
influence
drugs
taken
allay
pain
injury
threatened
imprisonment
sign
directed
considered
payment
wages
respondent
evidence
paid
wages
settle
claims
growing
petitioner
injuries
petitioner
appeared
influence
drugs
threats
kind
made
upon
much
evidence
relating
cause
extent
injuries
jury
rendered
verdict
petitioner
jones
act
maintenance
cure
respondent
made
motion
new
trial
judgment
non
obstante
veredicto
pennsylvania
practice
submitted
trial
enbanc
gave
judgment
defendant
non
obstante
veredicto
upon
appraisal
disputed
questions
fact
concerning
accident
conclusion
petitioner
failed
sustain
burden
proof
required
pennsylvania
law
invalidate
release
conceded
admiralty
cases
responsibility
defendant
sustain
release
rather
plaintiff
overcome
concluded
since
petitioner
chosen
bring
action
state
rather
admiralty
case
must
governed
local
rather
admiralty
principles
pennsylvania
rule
one
attacks
validity
written
release
burden
sustaining
allegation
precise
indubitable
evidence
meaning
evidence
found
credible
weight
directness
make
facts
alleged
beyond
reasonable
doubt
witnesses
testify
release
must
credible
remember
facts
testify
narrate
details
exactly
held
since
petitioner
sustained
burden
proof
trial
judge
withdrawn
case
jury
pennsylvania
took
somewhat
different
view
held
action
sort
pennsylvania
obligated
apply
federal
law
creating
right
action
sense
applied
federal
courts
however
affirmed
judgment
belief
rule
burden
proof
releases
affect
substantive
rights
parties
merely
procedural
therefore
controlled
state
law
respondent
argument
pennsylvania
applied
state
rather
admiralty
law
measuring
rights
parties
sustained
case
effort
state
enforce
rights
claimed
rooted
state
law
petitioner
suit
rested
asserted
rights
granted
federal
law
state
courts
treated
jurisdiction
state
try
case
rests
solely
upon
sec
jones
act
upon
statutes
traceable
judiciary
act
civil
causes
admiralty
maritime
jurisdiction
saves
suitors
right
remedy
common
law
competent
give
statutes
authorize
pennsylvania
courts
try
cases
coming
within
defined
category
whether
pennsylvania
required
acts
make
courts
available
federal
remedies
whether
create
remedy
maintenance
cure
based
local
law
need
decide
voluntarily
opened
courts
petitioner
questions
whether
pennsylvania
thereupon
required
give
petitioner
full
benefit
federal
law
whether
failed
afford
benefit
dearth
example
obligation
law
courts
attempt
enforce
substantive
rights
arising
admiralty
law
manner
conforming
admiralty
practice
contributory
negligence
barrier
proceeding
admiralty
jones
act
state
courts
required
apply
rule
jones
act
actions
beadle
spencer
similarly
state
courts
may
apply
doctrines
assumption
risk
actions
arising
act
arizona
smith
state
courts
whether
applying
jones
act
actions
arising
maritime
torts
usually
attempted
although
always
complete
success
apply
admiralty
principles
federal
courts
treating
maritime
torts
actions
law
rather
suits
admiralty
also
sought
preserve
admiralty
principles
whenever
consonant
necessities
common
law
procedure
specifically
held
jones
act
uniform
application
throughout
country
unaffected
views
common
law
rules
panama
johnson
act
based
upon
incorporates
reference
federal
employers
liability
act
et
also
requires
uniform
interpretation
second
employers
liability
cases
mondou
new
york
new
hartford
railroad
et
uniformity
requirement
extends
type
proof
necessary
judgment
new
orleans
harris
many
cases
declared
necessary
dominance
admiralty
principles
actions
vindication
rights
arising
admiralty
law
belden
chase
decision
respondent
relies
upon
establishing
contrary
rule
never
thus
considered
later
cases
cited
must
remembered
state
courts
concurrent
jurisdiction
federal
courts
try
actions
either
merchant
marine
act
personam
maintenance
cure
source
governing
law
applied
national
state
governments
practice
state
permitted
substantially
alter
rights
either
litigant
rights
established
federal
law
remedy
afforded
state
enforce
actually
deny
federal
rights
congress
providing
alternative
remedies
intended
make
less
secure
constant
objective
legislation
jurisprudence
assure
litigants
full
protection
substantive
rights
intended
afforded
jurisdiction
right
originates
long
ago
sought
achieve
result
respect
enforcement
federal
courts
rights
created
governed
state
law
admiralty
courts
invoked
protect
rights
rooted
state
law
endeavor
determine
issues
accordance
substantive
law
state
trying
case
state
bound
proceed
manner
substantial
rights
parties
controlling
federal
law
protected
whether
raises
federal
question
reviewable
judicial
code
ii
seaman
admiralty
attacks
release
burden
imposed
upon
pennsylvania
rule
subjects
historic
national
policy
legislative
judicial
points
way
congress
generally
sought
safeguard
seamen
rights
first
congress
july
passed
protective
act
seamen
merchant
marine
service
safeguarding
wage
contracts
providing
summary
remedies
breach
requiring
shipowners
keep
board
fresh
medicines
condition
use
stat
fifth
congress
july
stat
originated
present
system
marine
hospitals
disabled
seamen
language
justice
story
sitting
circuit
described
solicitude
admiralty
traditionally
viewed
seamen
contracts
emphatically
wards
admiralty
though
technically
incapable
entering
valid
contract
treated
manner
courts
equity
accustomed
treat
young
heirs
dealing
expectancies
wards
guardians
cestuis
que
trust
trustees
undue
inequality
terms
disproportion
bargain
sacrifice
rights
one
side
compensated
extraordinary
benefits
judicial
interpretation
transaction
bargain
unjust
unreasonable
advantage
taken
situation
weaker
party
protanto
bargain
set
aside
inequitable
every
occasion
expects
satisfied
compensation
every
material
alteration
entirely
adequate
diminution
right
privilege
part
seamen
harden
gordon
fed
cas
pages
keeping
policy
congress
acted
concerning
seamen
releases
respect
wages
providing
release
wages
must
signed
seaman
presence
shipping
commissioner
even
jurisdiction
may
upon
good
cause
shown
set
aside
release
take
action
justice
shall
require
general
congressional
policy
shown
longshoremen
harbor
workers
compensation
act
releases
made
express
terms
act
declared
invalid
analogy
suggested
justice
story
paragraph
quoted
seamen
contracts
fiduciaries
beneficiaries
remains
prevailing
rule
treating
seamen
wards
admiralty
close
one
whether
transaction
consideration
contract
sale
gift
guardian
ward
trustee
cestui
burden
proving
validity
fiduciary
must
affirmatively
show
advantage
taken
burden
particularly
heavy
inadequacy
consideration
wardship
theory
recognized
courts
marked
consequence
treatment
given
seamen
releases
releases
subject
careful
scrutiny
claims
seaman
signed
away
rights
law
due
must
prepared
take
burden
sustaining
release
fairly
made
fully
comprehended
seaman
harmon
hold
therefore
burden
upon
one
sets
seaman
release
show
executed
freely
without
deception
coercion
made
seaman
full
understanding
rights
adequacy
consideration
nature
medical
legal
advice
available
seaman
time
signing
release
relevant
appraisal
understanding
general
admiralty
rule
applies
actions
maintenance
cure
also
actions
section
merchant
marine
act
law
liberally
construed
carry
full
purpose
enlarge
admiralty
protection
wards
warner
goltra
arizona
integral
part
maritime
law
rights
fashioned
implemented
admiralty
rules
inconsistent
act
socony
vacuum
smith
iii
pennsylvania
concluded
solving
problems
procedural
distinguished
substantive
law
law
may
apply
doctrine
locus
burden
proof
presents
procedural
rather
substantive
question
much
said
concerning
necessity
preserving
substantial
admiralty
rights
action
law
incompatible
conclusion
right
petitioner
free
burden
proof
imposed
pennsylvania
local
rule
inhered
cause
action
deeply
rooted
admiralty
right
part
substance
claim
considered
mere
incident
form
procedure
central
vermont
white
cities
service
oil
dunlap
cf
lehigh
valley
cornell
steamboat
pennsylvania
opened
courts
petitioner
enforce
federally
created
rights
petitioner
entitled
benefit
full
scope
rights
cause
reversed
action
inconsistent
opinion
reversed
footnotes
right
seaman
recover
damages
negligent
injury
arises
jones
act
right
maintenance
cure
irrespective
negligence
arises
law
admiralty
rights
independent
cumulative
pacific
peterson
general
discussion
maintenance
cure
see
osceola
cortes
baltimore
insular
line
calmar
taylor
two
elements
wage
dispute
whether
wages
computed
month
whether
since
petitioner
left
hospital
poland
return
ship
paid
wages
actually
arrived
home
port
paid
time
left
vessel
clear
authority
support
claim
wages
end
voyage
petitioner
signed
osceola
supra
page
page
pennsylvania
trial
judge
pass
upon
motions
alone
instead
heard
decided
three
judges
sitting
en
banc
purdon
vol
sec
engel
davenport
jones
act
belfast
wall
garcia
leon
galceran
wall
panama
railroad
vasquez
last
three
cases
involve
actions
hamilton
chambers
colonna
shipyard
bland
contributory
negligence
paulsen
mcduffie
assumption
risk
lieflander
burden
proof
coal
mining
eastern
steamship
port
new
york
stevedoring
castagna
southern
pac
jensen
chelentis
luckenbach
knickerbocker
ice
stewart
carlisle
packing
sandanger
messel
foundation
see
schuede
zenith
disagreement
constitutional
issues
cases
jensen
line
extended
principle
cf
lottawanna
wall
detroit
trust
barlum
steamer
lawrence
black
erie
tompkins
western
fuel
garcia
cf
hamilton
supra
see
claflin
houseman
cf
standard
oil
johnson
see
pacific
mail
steamship
lucas
michoud
girod
cf
magruder
drury
thorn
wire
hedge
washburn
moen
klamath
indians
dunn
admiralty
rule
well
within
bounds
put
relationships
since
many
guardian
ward
contracts
voidable
election
beneficiary
see
wade
pulsifer
hatch
hatch
ves
cf
madden
domestic
relations
ch
bogert
trusts
trustees
see
harmon
case
supra
bonici
standard
oil
new
jersey
sitchon
american
export
lines
hume
lines
somewhat
comparable
cases
involving
releases
personal
injuries
arising
non
maritime
torts
see
union
pacific
railway
harris
chesapeake
ohio
railway
howard
texas
pacific
railway
dashiell
cf
duncan
thompson