Southern Pac. Co. v. Locke

Full title: SOUTHERN PACIFIC CO. v. LOCKE, Deputy Commissioner.

Court: United States District Court, S.D. New York

Date published: Jan 4, 1932

1 F. Supp. 992 (S.D.N.Y. 1932)

Opinion

1 F.Supp. 992 (S.D.N.Y. 1932) SOUTHERN PACIFIC CO. v. LOCKE, Deputy Commissioner. United States District Court, S.D. New York Jan. 4, 1932

        Tompkins & Dee, of New York City, for plaintiff.

        George Z. Medalie, U.S. Atty., and Maurice De Koven, Asst. U.S. Atty., both of New York City, for defendant.

        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 excludes 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.