Southern Pacific Co. v. Locke

S.D. New York

Southern Pacific Co. v. Locke

1 F. Supp. 992, 1932 U.S. Dist. LEXIS 1907

CourtDistrict Court, S.D. New York

DecidedJanuary 4, 1932

StatusPublished

Cited by1 cases

This text of 1 F. Supp. 992 (Southern Pacific Co. v. Locke) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Pacific Co. v. Locke, 1 F. Supp. 992, 1932 U.S. Dist. LEXIS 1907 (S.D.N.Y. 1932).

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Opinion

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.

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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.

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Bluebook (online)

1 F. Supp. 992, 1932 U.S. Dist. LEXIS 1907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-pacific-co-v-locke-nysd-1932.

Opinion

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