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MITCHELL v. TRAWLER RACER, INC.

No. 176.

362 U.S. 539 (1960)

MITCHELL v. TRAWLER RACER, INC.

Supreme Court of United States.

Decided May 16, 1960.

Attorney(s) appearing for the Case

Morris D. Katz argued the cause and filed a brief for petitioner.

James A. Whipple argued the cause for respondent. With him on the brief was Paul J. Kirby.

Briefs of amici curiae urging reversal were filed by Samuel A. Neuburger, by Arthur J. Mandell, and by Philip F. DiCostanzo.

Walter E. Maloney, Thomas E. Byrne, Jr., M. L. Cook, J. Ward O'Neill, Louis J. Gusmano and James M. Estabrook filed a brief for the American Merchant Marine Institute, Inc., as amicus curiae, urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

The petitioner was a member of the crew of the Boston fishing trawler Racer, owned and operated by the respondent. On April 1, 1957, the vessel returned to her home port from a 10-day voyage to the North Atlantic fishing grounds, loaded with a catch of fish and fish spawn. After working that morning with his fellow crew members in unloading the spawn,

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