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SOUTH BUFFALO R. CO. v. AHERN

No. 179.

344 U.S. 367 (1953)

SOUTH BUFFALO RAILWAY CO. v. AHERN ET AL.

Supreme Court of United States.

Decided January 19, 1953.

Attorney(s) appearing for the Case

Albert R. Connelly argued the cause for appellant. With him on the brief was Joseph W. Marlow.

Roy Wiedersum, Assistant Attorney General of New York, argued the cause for the New York State Workmen's Compensation Board, appellee. With him on the brief were Nathaniel L. Goldstein, Attorney General, and Wendell P. Brown, Solicitor General.

MR. JUSTICE CLARK delivered the opinion of the Court

Disability awards by the New York Workmen's Compensation Board to an interstate railroad employee precipitate this attack on § 113 of that state's Workmen's Compensation Law as unconstitutionally conflicting with the Federal Employers' Liability Act. While employed as a switchman by the appellant Railway, Thomas J. Ahern in July 1944 suffered a coronary occlusion as a result of unusual physical exertion in...

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