City of New York Municipal Court October 4, 1955 (Bryer v. Erie Railroad)

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.