Opinion
No. 5788.
December 3, 1948.
Appeal from the United States District Court for the District of Maryland, at Baltimore; W. Calvin Chesnut, Judge.
Common law action by Bennett Mellen, a minor, by his father and next friend, Joseph H. Mellen, against Henry B. Hirsch and others, individually and as copartners trading under the name and style Henry B. Hirsch Sons, to recover for injuries sustained by the minor in course of his employment by the defendants. From a judgment for defendants, 8 F.R.D. 250, which was supplemented by 8 F.R.D. 248, the plaintiff appeals.
Judgment affirmed.
Joseph H. Mellen, pro se.
Paul F. Due, of Baltimore, Md. (Due, Nickerson Whiteford, of Baltimore, Md., on the brief) for appellees.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal from a judgment for defendant in a personal injury action, in which the lower court held that an exclusive remedy was provided by the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., applicable in the District of Columbia as a Workmen's Compensation Act, D.C. Code 1940 secs. 36 — 501, 36 — 502, 45 Stat. 600, c. 612, 33 U.S.C.A. § 901 note. Appellant, in a prior action in the District of Columbia, had contended that the act did not apply to him because he was employed in violation of the child labor law, but this contention was decided against him. Mellen v. H.B. Hirsch Sons, D.C. Cir., 159 F.2d 461. In the court below, his position was that the act was not applicable because the employer had not obtained insurance covering his injury as required by the act; but the evidence was clearly contrary to this contention, as pointed out in the opinion and supplemental memorandum filed by the judge below. Nothing need be added to these; and the case will be affirmed on the basis of what is there so well said.
Affirmed.