Caldarola v. Eckert - 332 U.S. 155 (1947)  U.S. Supreme Court
Caldarola v. Eckert, 332 U.S. 155 (1947)  Caldarola v. Eckert
No. 625  Argued March 31, April 1, 1947  Decided June 23, 1947
332 U.S. 155   A stevedore, while aboard and engaged in
unloading a vessel owned by the United States and managed by
General Agents under a general agency contract, was injured by a
defective boom. He sued the Agents for damages in a state court.
1. The injury was a maritime tort and the state court had
jurisdiction by virtue of § 9 of the Judiciary Act of 1789,
which saves "to suitors, in all cases, the right of a common law
remedy, where the common law is competent to give it." P. 332 U.
S. 157.  2. The determination of the state court that a business
invitee, such as the stevedore, is without a remedy in the
courts of the state against one who has no control and
possession of the premises is decisive. P. 332 U. S. 158.  3. To
the extent that the determination of tort liability in the state
court involves the construct