SCHWALB v. CHESAPEAKE AND OHIO RY. CO.

Record Nos. 841743, 850728.

365 S.E.2d 742 (1988)

Nancy J. SCHWALB v. The CHESAPEAKE AND OHIO RAILWAY COMPANY. William McGLONE v. The CHESAPEAKE AND OHIO RAILWAY COMPANY.

Supreme Court of Virginia.

March 4, 1988.


Attorney(s) appearing for the Case

Michael L. Weiner, Frances S.P. Li, William W. Nexsen, De Parcq, Perl, Honegs, Rudquist & Koenig, P.A., Minneapolis, Minn., Stackhouse, Rowe and Smith, Norfolk, on briefs, for appellant Nancy J. Schwalb.

Richard Wright West, West, Stein, West & Smith, P.C., Newport News, on brief, for appellee Chesapeake & Ohio Ry. Co., in No. 841743.

C. Gerard Thompson (Moody, Strople and Lawrence, Portsmouth, on briefs), for appellant William McGlone.

Richard Wright West (Douglas W. McCartney, West, Stein, West & Smith, P.C., Newport News, on brief), for appellee Chesapeake & Ohio Ry. Co. in No. 850728.

Present: All the Justices.


POFF, Justice.

In this appeal, we review two judgments entered in separate actions, each sustaining a plea to the jurisdiction. Claiming damages for personal injuries, each plaintiff had invoked the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA). In each appeal, the sole issue is whether the plaintiff was a statutory employee as defined in the Longshoremen's and Harbor Workers' Compensation...

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