Behrle v. London Guarantee Acc. Co.

2 Citing cases

  1. Coppola v. Logistec Connecticut, Inc.

    283 Conn. 1 (Conn. 2007)   Cited 11 times

    y employee performing repair work on vessel floating in navigable waters under Jensen, which was not overruled by Moores's Case). See Duong v. Workers' Compensation Appeals Board, 169 Cal. App. 3d 980, 984, 215 Cal. Rptr. 609 (1985) (state had jurisdiction over claim involving injury incurred by employee repairing ship floating in navigable waters); Allsouth Stevedoring Co. v. Wilson, 220 Ga. App. 205, 206, 210, 469 S.E.2d 348 (1996) (state had jurisdiction over claim involving injury incurred by longshoreman working on ship floating in navigable waters); Logan v. Louisiana Dock Co., 541 So. 2d 182, 189 (La 1989) (state had jurisdiction over claim by employee injured repairing ship in dry dock floating in navigable waters); Lane v. Universal Stevedoring Co., 63 N.J. 20, 34, 304 A.2d 537 (1973) (state had jurisdiction over claim involving injury incurred by employee unloading cargo on ship floating in navigable waters); Behrle v. London Guarantee Accident Co., Ltd., 76 R.l. 106, 113, 68 A.2d 63 (1949) (state had jurisdiction over claim involving injury incurred by employee repairing Navy ship that was not involved in commerce), cert. denied, 339 U.S. 928, 70 S. Ct. 627, 94 L. Ed. 1349 (1950); Indemnity Ins. Co. of North America v. Marshall, 308 S.W.2d 174, 179-80 (Tex. App. 1957) (state had jurisdiction over claim involving injury incurred by employee repairing ship in dry dock floating on navigable waters); American Original Foods, Inc. v. Ford, 221 Va. 557, 558, 562, 272 S.E.2d 187 (1980) (state had jurisdiction over claim by mother of employee killed while doing repair work on ship floating in navigable waters). See Flowers v. Travelers Ins. Co., 258 F.2d 220, 228 (5th Cir. 1958) (state lacked jurisdiction over claim involving injury incurred by employee doing repair work on ship floating in navigable waters), cert. denied, 359 U.S. 920, 79 S. Ct. 591, 3 L. Ed. 2d 582 (1959); Wells v. Industrial Commission, 277 Ill. App. 3d 379, 388, 660 N.E.2d 229 (1995) (state lacked jurisdict

  2. Johnson v. Texas Emp. Ins. Ass'n

    558 S.W.2d 47 (Tex. Civ. App. 1977)   Cited 4 times

    ral action, is superseded only where the repugnance or conflict (between the State and Federal laws) is so `direct and positive' that the two acts cannot `be reconciled or consistently stand together.'" 302 U.S. at 10, 58 S.Ct. at 92 (citations omitted). Even though, through amendments and case law, the coverage of the Federal Act has been extended, at the same time virtually all injuries on the water have also been held to be covered by the state acts. Baskin v. Industrial Accident Commission of the State of California, 338 U.S. 854, 70 S.Ct. 99, 94 L.Ed. 523 (1949); Bethlehem Steel Co. v. Moore, 335 U.S. 874, 69 S.Ct. 239, 93 L.Ed. 417 (1948); Hahn v. Ross Island Sand Gravel Co., 358 U.S. 272, 79 S.Ct. 266, 3 L.Ed.2d 292 (1959); Richard v. Lake Charles Stevedores, 95 So.2d 830 (La.App. 1957), cert. denied 355 U.S. 952, 78 S.Ct. 535, 2 L.Ed.2d 529 (1958); De Graw v. Todd Shipyards Co., 134 N.J.L. 315, 47 A.2d 338 (1946), cert. denied 329 U.S. 759, 67 S.Ct. 113, 91 L.Ed. 655 (1946); Behrle v. London Guarantee Accident Co., 76 R.I. 106, 68 A.2d 63 (1949), cert. denied 339 U.S. 928, 70 S.Ct. 627, 94 L.Ed. 1349 (1950). The fact that Congress did not in this Act preclude operation of State Compensation Law is persuasive. It (The Congress) certainly has expressly done so in other acts.