delivered the opinion of the Court.
This is .an action that was brought in a court of the State of New York and tried before a jury. At the close of the plaintiff’s case the complaint was dismissed upon the merits and the decision was affirmed by the Court of Appeals,
The action was for causing the death- of the plaintiff’s intestate, Anton Uravic, an American citizen, employed
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in work as a stevedore by the F. Jarka Company, a Delaware corporation. The suit against the other defendant-named was discontinued. At the time of receiving the irijrny that caused his death, July 13, 1926, Uravic was helping to unload a vessel flying the German flag, in the harbor of New York. He was on the vessel at the time and we are to take it that he was hurt by the negligence of a fellow servant. That fact was no defence if the above-mentioned § 33 governed, because it is not one in the cáse of railway employees; Act of April 22, 1908, c. 149, § 1, 35 Stat. 65; U. S. Code, Tit. 45, § 51; and this § 33, giving an action at common law to the personal representative of any seaman suffering death in the course of his employment, makes applicable all statutes of the United States conferring or regulating such right of action in the case of railway employees. It is decided that stevedores come within the benefits conferred by § 33.
International Stevedoring Co.
v.
Haverty,
The language of the statute is general. The right, is given to “ any seaman,” including, as wo have said, stevedores. The jurisdiction and the authority of Congress to deal with the matter are unquestionable and unquestioned. Cun
ard Steamship Co.
v.
Mellon,
But it is said that stevedores only get their rights by a somewhat artificial extension of the word “ seaman,” and it is argued that a seaman upon a German vessel clearly would not be given the rights claimed. It is said that the word is defined by R. S. § 4612, TJ. S. Code, Tit. 46, § 713. But that section merely provides that for the purposes of the chapter
“
seaman ” shall include persons who otherwise might be deemed not to be seamen. It is directed to extension not to restriction, as remarked by Judge Crane in
Resigno
v.
F. Jarka Co.,
Perhaps it would be a sufficient answer to the objections that, while the § 33 is construed to give the rights of seamen to stevedores, it does not say or mean that, stevedores are to be regarded as seamen on the particular vessel upon which for the moment they happen to be at work. They simply are given the rights of seamen and, as they are American workmen, they have the rights of American seamen as well on German as on American ships.
But we may go further. Here we are dealing with the conduct of persons within the jurisdiction affecting the
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safety of other persons within it. If the rule is wise there is no reason why it should not be universal. Wise or not, it is law and the question is why general words should not be generally applied. What- would be the alternative? Hardly that the German law should be adopted. It always is the law of the United States that governs within the jurisdiction of the United States, even when for some special occasion this country adopts a foreign law as its own,
The Exchange,
At the argument it was suggested that the case should be governed by the general maritime law. This means, as we have indicated, by the law of the United States, with the provisions of § 33 left out. It is assumed that by the law, so qualified, a master would not be liable to a servant for an injury caused by the negligence of a fellow servant. But that doctrine is of relatively recent appear-
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anee in admiralty, following the common law.
The City of Alexandria,
17 Fed. Rep. 390. And, as we believe, it was introduced into the common law almost within the memory of men still living, upon a principle of policy. Labatt, Master & Servant, §§ 471,
et seq.,
§ 484; 2d ed. §§ 1394, 1408. It would be somewhat hard to maintain that principle as still the policy of the law in this case after the doctrine has been abolished for railroad employees and seamen. See
International Stevedoring Co.
v.
Haverty,
If it should appear that, by valid contract or special circumstances, seamen on a foreign ship should not be protected by the statute, it will be time enough to consider the exception when it is presented. But the purport of the words is plain and there is no reason to deny stevedores the benefit of them, even if exceptions to the rule for seamen may be found upon peculiar facts.
Judgment reversed.
