Johansen v. United States

343 U.S. 427 (1952)

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Nature of the Case

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Facts

P was employed as a civilian member of the crews of an Army Transport vessel owned and operated by the United States (D). The vessel was being used as a 'public vessel,' not 'merchant vessel,' and thus, P had no remedy by way of a suit for damages under the Suits in Admiralty Act of 1920. P was injured in the performance of his duties and was eligible for benefits under the Federal Employees Compensation Act of 1916. P alleged negligence and also relied upon the alleged unseaworthiness of his vessel. P seeks 'damages, wages, maintenance and cure.' P a carpenter in the crew of the transport Kingsport Victory sustained a lacerated leg in the course of his duties aboard the vessel, which was lying at a pier in Brooklyn, New York. He filed a claim for compensation benefits under the Federal Employees Compensation Act and collected a total of $358.20. On February 6, 1950, he filed this libel in admiralty in the District Court, relying upon the Public Vessels Act. The libel was dismissed and the Second Circuit affirmed on the ground that the Federal Employees Compensation Act afforded P his exclusive remedy. P appealed.