U.S. Supreme Court PACIFIC S.S. CO. v. PETERSON, 278 U.S. 130 (1928)

[Page 278 U.S. 130, 139]

nance, cure and wages-to which it made no reference. And we conclude that the alternative measures of relief accorded him, between which he is given an election, are merely the right under the new rule to recover compensatory damages for injuries caused by negligence and the right under the old rules to recover indemnity for injuries occasioned by unseaworthiness; and that no election is required between the right to recover compensatory damages for a tortious injury under the new rule and the contractual right to maintenance, cure and wages under the old rules- the latter being a cumulative right in no sense inconsistent with, or an alternative of, the right to recover compensatory damages.

It results that there was no error in the rulings as to the affirmative defense interposed by the defendant. And the judgment is

AFFIRMED.

Mr. Justice HOLMES concurs in the result. Footnotes

Footnote 1 38 Stat. 1164, c. 153.

Footnote 2 41 Stat. 988, c. 250; U.S.C. tit. 46, 688 (46 USCA 688).

Footnote 3 A like right of action is given to the personal representative of any seaman whose death results from such personal injury.

Footnote 4 Department 2 of the Supreme Court; petition for rehearing denied by the court en banc.