64 A.2d 244 | N.J. Super. Ct. App. Div. | 1949
This is an appeal from an order of the Hudson County Court dismissing the plaintiff's complaint under the Federal Employers' Liability Act and entering judgment for the defendant.
The plaintiff, Anthony Gussie, was a freight brakeman employed in interstate commerce by the defendant Pennsylvania Railroad Company. On September 6, 1944, he was on a box *295
car located on a car float of 450 tons which was lying in the navigable waters of the Hudson River. He alleges that while he was assisting in the unloading of freight cars he had given a back-up signal to the engineer on the locomotive located off the car float and that the locomotive suddenly pulled forward hurling him from the roof of the box car to the float and seriously injuring him. He filed a complaint to recover for personal injuries based upon the Federal Employers' Liability Act (
Holdings adverse to the plaintiff's first contention are found in Nogueira v. New York, N.H. and H.R. Co.,
The plaintiff's second contention is that the 1939 amendment of the Federal Employers' Liability Act, enacted subsequent to the above cited cases, should be construed to have the effect of excluding railroad employees from the Longshoremen's *297
and Harbor Workers' Compensation Act. Prior to the 1939 amendment the Federal Employers' Liability Act was confined to cases where the employee at the time of the injury was actually engaged in interstate transportation or in work so closely related as to be deemed part thereof. See McFadden v. Pennsylvania R. Co.,
The judgment below is affirmed. *298