In Kernan v. American Dredging Co., 355 U.S. 426 (1958), the United States Supreme Court held that the dependants of a seaman killed at sea could recover damages under the Jones Act based on a violation of a navigation regulation. Kernan, 355 U.S. at 431. Because the Jones Act "created a federal right of action for the wrongful death of a seaman based on the statutory action under the Federal Employers' Liability Act," id. at 429, the Court engaged in extensive analysis of the FELA. It found that because the FELA does not suggest that only violations of the Safety Appliance and Boiler Inspection Acts create liability under the FELA, "the nature of the Acts violated is not a controlling consideration . . . ." Id. at 437-38. Indeed, the FELA, the Court concluded, abandoned the common law tort rule that a "violation of a statutory duty creates liability only when the statute was intended to protect those in the position of the plaintiff from the type of injury that in fact incurred," in favor of the principle that "where the employer's conduct falls short of the high standard required of him by this Act, and his fault, in whole or in part, causes injury, liability ensues." Id. at 438-39. "This result follows," the Court explained, "whether the fault is a violation of a statutory duty or the more general duty of acting with care, for the employer owes the employee, as much as the duty of acting with care, the duty of complying with his statutory obligations." Id. at 439. If any doubt remains as to the extent of the reach of this statutorily-wrought principle, the dissent authored by Justice Harlan instantly dispels it. In that dissent, Justice Harlan wrote that the majority had established "a doctrine under the FELA that injuries following any violation of any statute, not simply the Safety Appliance and Boiler Inspection Acts, are actionable without any showing of negligence . . . . " Id. at 445. Justice Brennan recounted the provenance of Federal Employers' Liability Act ("FELA") as a deliberate policy recognition that the railroad industry itself was better able to shoulder the cost of industrial injuries and deaths than were the industry's injured workers or their families. It came to be recognized that, whatever the rights and duties among persons generally, the industrial employer had a special responsibility toward his workers, who were daily exposed to the risks of the business and who were largely helpless to provide adequately for their own safety. Therefore, as industry and commerce became sufficiently strong to bear the burden, the law, the reflection of an evolving public policy, came to favor compensation of employees and their dependents for the losses occasioned by the inevitable deaths and injuries of industrial employment, thus shifting to industry the "human overhead" of doing business. For most industries this change has been embodied in Workmen's Compensation Acts. In the railroad and shipping industries, however, the FELA and Jones Act provide the framework for determining liability for industrial accidents.