Kobilkin v. Pillsbury

HEALY, Circuit Judge.

Appellant filed a claim for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S. C. A. § 901 et seq. Upon denial of his claim he brought suit by petition in equity to set aside the order of the deputy commissioner, invoking § 21(b) of the act. The appeal is from a decree granting a motion to dismiss, addressed to the petition.

Appellant, as the pleading discloses, was employed by the Matson Navigation Company as a longshoreman. On June 7, 1935, during the unloading of a vessel, a bag of sugar which was being raised from the hold dropped off a…