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CHESAPEAKE & OHIO R. CO. v. SCHWALB

No. 87-1979.

493 U.S. 40 (1989)

110 S.Ct. 381

107 L.Ed.2d 278

CHESAPEAKE & OHIO RAILWAY CO. v. SCHWALB ET AL.

Supreme Court of United States.

Decided November 28, 1989

Attorney(s) appearing for the Case

William T. Prince argued the cause for petitioners in both cases. With him on the briefs were Edward L. Oast, Jr., John Y. Richardson, Jr., and Joan F. Martin.

Christine Desan Husson argued the cause pro hac vice for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Bryson, Deputy Solicitor General Shapiro, Allen H. Feldman, and Charles I. Hadden.

Bruce A. Wilcox argued the cause for respondents in both cases and filed a brief for respondent in No. 88-127. With him on the brief were Richard J. Tavss and Ray W. King. C. Gerald Thompson filed a brief for respondents in No. 87-1979.†

JUSTICE WHITE delivered the opinion of the Court.

Nancy J. Schwalb and William McGlone, respondents in No. 87-1979, were employees of petitioner Chesapeake and Ohio Railway Company (C & O), and were injured while working at petitioner's terminal in Newport News, Virginia, where coal was being loaded from railway cars to a ship on navigable waters. Robert T. Goode, respondent in No. 88-127, was injured while working for petitioner Norfolk and Western Railway Company...

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