BRYER v. ERIE R. R. CO.


1 Misc.2d 422 (1955)

Morton Bryer, Plaintiff, v. Erie Railroad Company, Defendant.

City Court of the City of New York, Trial Term, New York County.

October 4, 1955.


Attorney(s) appearing for the Case

Raymond L. Nowve and Arnold Davis for plaintiff.

J. Roger Carroll for defendant.


HARRY B. FRANK, J.

The defendant's first affirmative defense pleaded that the accident alleged in the complaint and the nature of plaintiff's employment bring him under the Longshoremen's and Harbor Workers' Compensation Act (U. S. Code, tit. 33, § 901 et seq.), and that said act provides the exclusive remedy for the plaintiff. At the end of the entire case and after motions to dismiss and for a directed verdict had been denied, the court...

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