Warren v. United States

340 U.S. 523, 71 S. Ct. 432, 95 L. Ed 503, 1951 AMC 416 (1951)

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Warren v. United States

United States Supreme Court
340 U.S. 523, 71 S. Ct. 432, 95 L. Ed 503, 1951 AMC 416 (1951)

CS

Facts

The S.S. Anna Howard Shaw was owned by the United States (defendant) but operated by a private employer as a merchant-marine ship under an agency-service agreement with the War Shipping Administration. Warren (plaintiff) was a seaman on the vessel and went ashore in Naples, Italy, when the vessel was berthed there. After sightseeing, Warren was at a dance hall overlooking the ocean. Warren stepped through French doors onto a scenic ledge, moved closer to the edge, and grasped onto an iron rod that appeared to be attached to the building in order to lean out for a better view. The rod came away from the building, and Warren fell, breaking his leg. Warren brought a claim for maintenance and cure against the United States as the owner of the vessel on which he was working. The district court entered an award for Warren, but the court of appeals disallowed it on the ground that Warren’s own degree of fault in the accident was substantial enough to bar recovery. Warren appealed.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Dissent (Frankfurter, J.)

Dissent (Jackson, J.)

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