Claim of Windrums v. Munson Steamship Lines

Headnote

Constitutional law ■— jurisdiction — workmen’s compensation — master and servant — authority of State Industrial Board to award compensation for death of steamship clerk from drovming in course of employment.

Matter of Windrums v. Munson S. S. Lines, 222 App. Div. 707 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 7, 1927, unanimously affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant’s husband was employed by defendant as a steamship clerk and checker. His work consisted of checking cargo discharged from steamers. He worked both on the vessel and on the dock. The Industrial Board found that while in the course of his employment he fell from the pier and was drowned. This appeal by the employer is taken under section 588 of the Civil Practice Act, subdivision 1, on the ground

that the award violates section 2 of article 3 and section 8 of article 1 of the Federal Constitution, in that the case presented is exclusively within the admiralty and maritime jurisdiction.