Malloy v. Great Lakes Dredge & Dock Co., 3445 Civ. A.
| Decision Date | 01 December 1941 |
| Docket Number | No. 3445 Civ. A.,3445 Civ. A. |
| Parties | MALLOY v. GREAT LAKES DREDGE & DOCK CO. |
| Court | U.S. District Court — Northern District of Illinois |
Earl J. Walker, of Chicago, Ill., for plaintiff.
B. S. Quigley, of Chicago, Ill., for defendant.
Plaintiff's action is for recovery for damages for injuries sustained, while engaged in rendering service to the defendant, allegedly through defendant's negligence. The question presented is whether under the stipulation of facts, plaintiff was a member of the crew or whether his remedy is under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq.
I am of the opinion that he was a member of the crew. In the cases cited by defendant the plaintiff had no part in the navigation of the scows on which they were working. Here plaintiff's duties required to assist actively in the navigation.
The motion to dismiss will be denied.
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Cape Girardeau Sand Co. v. Unemployment Compensation Com'n
... ... Co. v. Taylor, 64 F.2d 521; Great Lakes Dredge & Dock Co. v. Brown, 47 F.2d 265; ... v. McManigal, 49 F.Supp. 75; ... Malloy v. Great Lakes Dredge & Dock Co., 43 F.Supp ... ...