delivered the opinion of the Court.
This is an action brought in the Supreme Court of New York by respondent, a longshoreman, against William A. Jamison, an employing stevedore, to recover damages for personal injuries. Plaintiff was employed by defendant as a member of a crew loading a barge lying at Brooklyn in the navigable waters of the United States. One Curren was the foreman in charge of the crew, While plaintiff was upon the -barge engaged with *638 others in loading it, the foreman struck and seriously injured him.
The evidence showed that the foreman was authorized by the employer to direct the crew and to keep them at work. Plaintiff’s evidence was sufficient to warrant, a finding that the foreman assaulted him without provocation and to hurry him about the work. The trial judge instructed the jury that the defendant would not be liable if the foreman assaulted plaintiff by reason of a personal difference, but that if the foreman, in the course of his employment, committed an unprovoked assault upon plaintiff in furtherance of defendant’s work, plaintiff might recover. The jury returned a verdict for $2,500 in favor of plaintiff and the court gave him judgment for that amount.
The case was taken to the Appellate Division and there plaintiff invoked in support of the judgment § 33 of the Merchant Marine Act, 1920, 46 U. S. C., § 688, and the Federal Employers’ Liability Act of April 22, 1908, 45 U. S. C., §§ 51-59. The court,
The Court of Appeals,
Section 33 of the Merchant Marine Act provides:
“Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages ,at law, with the right of trial by *639 jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; . .
Section 1 of the Federal. Employers’ Liability Act provides:
“ Every common carrier by railroad while engaging in [interstate] commerce . . . shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, . . . for such injury ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, . . .”
Plaintiff was a seaman within the meaning of § 33
(International Stevedoring Co.
v.
Haverty, supra)
and, as he sustained the injuries complained of while loading a vessel in navigable waters, the case is governed by the maritime law as modified by the Acts of Congress above referred to.
Northern Coal Co.
v. Strand,
The question is whether “ negligence ” as there used includes the assault in question. The measure was adopted for the relief of a large class of persons employed in hazardous work in the service described. It abrogates the common law rule that makes every employee bear the risk of injury or death through the fault or negligence of fellow servants and applies the principle of respondeat superior (§ 1), eliminates the defense of contributory negligence and substitutes a rule of comparative negligence (§ 3), abolishes the defense of assumption of risk where the violation of a statute enacted for the safety of employees is a contributing cause (§4) and denounces all contracts, rules and regulations calculated to exempt the employer from liability created by the Act. § 5.
*640
The reports of the House and Senate committees having the bill in charge condemn the fellow-servant rule as operating unjustly when applied to modern conditions in actions against carriers to recover. damages for injury or death of their employees and show that a complete abrogation of that rule was intended.
1
The Act, like an earlier similar one that was held invalid because it included subjects beyond the reach of Congress,
2
is intended to stimulate carriers to greater diligence for the safety of their employees and of .the persons and property of their patrons.
Second Employers’ Liability Cases,
The rule that statutes in derogation of the common law are to be strictly construed does not require such an adherence to the letter as would defeat an obvious legislative purpose or lessen the scope plainly intended to be given to the measure.
Johnson
v.
Southern Pacific Co.,
As the Federal Employers’ Liability Act does not create liability without fault
(Seaboard Air Line
v.
Horton,
“
Negligence ” is a word of broad significance and may not readily be defined with accuracy. Courts usually refrain from attempts comprehensively to state its meaning. While liability arises when one suffers injury as the result of any breach of duty owed him by another chargeable with knowledge of the probable result of his conduct, actionable negligence is often deemed — and we need not pause to consider whether rightly — to include other elements. Some courts call willful misconduct evincing intention or willingness to cause injury to another gross negligence.
Bolin
v.
Chicago, St. P., M. & O. Railway Co.,
Judgment affirmed.
