O'Leary v. Brown-Pacific-Maxon
United States Supreme Court
340 U.S. 504 (1951)
- Written by Jack Newell, JD
Facts
John Valak, an employee of Brown-Pacific-Maxon (defendant), a government contractor operating in Guam. Valak was near the company’s recreation facility waiting for a bus when he saw two men drowning in the ocean. Valak tried to save them but was drowned himself. Valak’s dependent mother applied for his death benefits under the Longshoreman’s and Harbor Workers Act. O’Leary (plaintiff), the deputy commissioner, ordered a weekly benefit to be paid to Valak’s mother by the company. Brown-Pacific-Maxon and its insurance company sued in district court to have the award reversed. The district court dismissed the petition, but the circuit court reversed, finding that the drowning was not within the scope of Valak’s employment. O’Leary appealed.
Rule of Law
Issue
Holding and Reasoning (Frankfurter, J.)
Dissent (Minton, J.)
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