Chernik v. Clyde Steamship Co.

Headnote

Constitutional law — negligence — workmen’s compensation — master and servant — constitutionality of Longshoremen’s and Harbor Workers’ Compensation Act.

Chernik v. Clyde Steamship Co., Kings Co. Special Term, Dec. 2, 1927, affirmed.

Appeal from a judgment, entered December 2, 1927, upon an order of a Special Term of the Supreme Court for the county of Kings granting a motion by defendant for a dismissal of the complaint. Plaintiff, a longshoreman in the employ of defendant, was injured while engaged in unloading a vessel and brought this action to recover therefor. Defendant moved to dismiss the complaint on the ground that the court had no jurisdiction of the subject-matter, by reason of a certain act of Congress commonly

known as the Longshoremen’s and Harbor Workers’ Compensation Act, and that the defendant had complied with all the terms and conditions of said act, and, therefore, the plaintiff could not recover any moneys except the compensation provided thereunder. The plaintiff opposed the motion to dismiss, contending that the Longshoremen’s and Harbor Workers’ Compensation Act is unconstitutional, null and void.