Southern Pacific Company v. Jensen

244 U.S. 205 (1917)

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Nature of the Case

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Facts

Christen Jensen, the deceased, was an employee of P. P is a common carrier by railroad. It also owned and operated a steamship El Oriente, plying between the ports of New York and Galveston, Texas. The steamship was breathed for discharging and loading at Pier 49 lying in navigable waters of the United States. Christen was operating a small electric freight truck driving it into the steamship where it was loaded with cargo, then driving the truck out of the vessel upon a gangway connecting the vessel with Pier 49 and then onto the Pier where the lumber was unloaded from the truck. In driving out of the port in the side and upon the gangway, the truck became jammed against the guide pieces on the gangway. Jensen then reversed the direction of the truck and proceeded at third or full speed backward into the hatchway. He failed to lower his head and his head struck the ship at the top line, throwing his head forward and causing his chin to hit the lumber in front of him. His neck was broken and he died. Christen left a surviving widow, D, 29 years of age, Howard Jensen, his son, seven years of age, and Evelyn Jensen, his daughter, three years of age. His average weekly wage was $19.60 per week. The injury was an accidental injury. D applied for and was awarded benefits under New York’s Workmen's Compensation Act. P objected to the award 'upon the grounds that the Act does not apply because the workman was engaged in interstate commerce on board a vessel of a foreign corporation of the State of Kentucky which was engaged solely in interstate commerce. P claimed the death does not come within the provisions of the Act and that the Act is unconstitutional, as it constitutes a regulation of and burden upon commerce among the several States in violation of Article I, Section 8, of the Constitution of the United States. P claimed a taking of its without due process of law in violation of the 14th Amendment of the Constitution in that the Act does not afford an exclusive remedy, but leaves the employer and its vessels subject to suit in admiralty. P claimed that the Act is unconstitutional in that it violates Article III, Section 2, of the Constitution conferring admiralty jurisdiction upon the courts of the United States. The Appellate Division approved the award and the Court of Appeals affirmed. P appealed.