Case Citator › The Osceola

The Osceola

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Supreme Court of the United States
Citation
189 U.S. 158
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2009
Superseded by statute
A reviewed court treats this case as superseded by later legislation. The Osceola's bar on a seaman recovering for an employer's negligence was superseded by the Jones Act. The Supreme Court confirmed that change in Atlantic Sounding Co. v. Townsend.
More on how this was screened

Osceola's separate rules recognizing maintenance and cure and recovery for unseaworthiness were not displaced by that holding. All 35 flagged citations have been read; the confirmed statutory treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

35 later cases cite The Osceola; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by statute

  • The Supreme Court held that Congress enacted the Jones Act to displace The Osceola's prohibition on recovery for injuries or death caused by an employer's negligence.

    Atlantic Sounding Co. v. Townsend · Supreme Court of the United States · filed

    Congress enacted the Jones Act primarily to overrule The Osceola, supra, in which this Court prohibited a seaman or his family from recovering for injuries or death suffered due to his employers’ negligence. To this end, the statute provides in relevant part:
    Read the full opinion on CourtListener →

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