Southern Pacific Co. v. Locke

District Court, S.D. New York
Southern Pacific Co. v. Locke, 1 F. Supp. 992 (1932)
1932 U.S. Dist. LEXIS 1907

Southern Pacific Co. v. Locke

Opinion of the Court

COXE, District Judge.

The deceased was an "employee” as defined in the Longshoremen’s and Harbor Workers’ Compensation Act (33 USCA §§ 901-950). He was regularly employed, classified, and paid as a longshoreman, and compensation is not to be denied because, at the time of his death, he was temporarily performing some incidental service other than that ordinarily performed by a longshoreman. I think any other ruling would make the administration of the act practically unworkable. I am clear, also, that liability for compensation exeludes liability under the Jones Act (section 33 [46 USCA § 688]), and the employer, therefore, cannot be called on to meet other claims by the widow.

There may be judgment for the defendant, with costs.

Reference

Full Case Name
SOUTHERN PACIFIC CO. v. LOCKE, Deputy Commissioner
Cited By
1 case
Status
Published