Avondale Marine Ways v. Henderson/Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

I do not think this case belongs in the 'twilight zone' of Davis v. Department of Labor and Industries of Washington, 317 U.S. 249, 256, 63 S.Ct. 225, 229, 87 L.Ed. 246. Recovery was allowed under the Longshoremen's and Harbor Workers' Compensation Act for a death which occurred on a barge drawn up for repairs on a marine railway. Norton v. Vesta Coal Co., 3 Cir., 63 F.2d 165 was such a case and Judge Woolley dissented from a holding that a marine railway was not included in the statutory language, 'any dry dock'.

Mr. Justice REED took no part in the consideration or decision of this case.