Willard Stewart was injured while working on a dredge (a machine for underwater digging) for Dutra, a dredging company. Stewart alleged Dutra was negligent and sued the company in federal district court under the Jones Act. The district court ruled a dredge is not a "vessel in navigation" as defined by the Jones Act and therefore Stewart could not sue under the act. The First Circuit Court of Appeals affirmed.

Question:

Is a dredge a "vessel" under the Longshore and Harbor Workers' Compensation Act (LHWCA)?

Conclusion:

Yes. In a unanimous opinion delivered by Justice Clarence Thomas, the Court held that the Revised Statutes of 1873 specified that in any act passed after 1871, "vessel" included any watercraft capable of transportation. The requirement that a worker be on a vessel "in navigation," required by the LHWCA, simply meant that the vessel be capable of transportation. This included dredges which, both then and now, transported equipment and a crew over water.

Decisions

Decision: 8 votes for Stewart, 0 vote(s) against
Legal provision: Longshoremen and Harbor Workers' Compensation

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