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PENNSYLVANIA R. CO. v. O'ROURKE

No. 60.

344 U.S. 334 (1953)

73 S.Ct. 302

97 L.Ed. 367

PENNSYLVANIA RAILROAD CO. v. O'ROURKE.

Supreme Court of United States.

Decided January 12, 1953.

Attorney(s) appearing for the Case

John Vance Hewitt argued the cause and filed a brief for petitioner.

Richard C. Machcinski argued the cause for respondent. With him on the brief was Herbert Zelenko.

MR. JUSTICE REED delivered the opinion of the Court.

This certiorari requires us to determine which federal industrial accident statute—the Federal Employers' Liability Act or the Longshoremen's and Harbor Workers' Compensation Act—applies to the circumstances of this case. The petitioning railroad had employed O'Rourke in its Harismus Cove Yard at Jersey City since 1942 as a "freight brakeman." He worked as part of a five-man crew making up trains....

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