New York Court of Appeals
Agnes Pedersen, as Administratrix of the Estate of Karl Pedersen v. Manitowoc Company, Inc., and Frederick Snare…
December 3, 196925 N.Y.2d 412
Summary
The New York Court of Appeals reversed the Appellate Division, holding that acceptance of workers' compensation benefits does not constitute an automatic waiver of federal maritime rights absent an express waiver, that the plaintiffs' complaints sufficiently state claims under the Jones Act and breach of seaworthiness, that seaman status and vessel navigation are factual issues, and that joint‑venture respondents are liable as partners. The court remanded for trial.