Plante v. Pennsylvania Railroad

MANSFIELD, District Judge.

Plaintiff, as the executrix of her husband’s estate, brought this suit under the Federal Employers’ Liability Act (FE LA), 45 U.S.C.A. § 51 et seq., to recover compensation for injuries incurred by her husband while in the employ of defendant as a freight brakeman. • Defendant now moves for summary judgment pursuant to Rule 56, F.R.Civ.P., on the ground that plaintiff’s action is barred because plaintiff’s testator already recovered compensation for these injuries under the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act (Longshoremen’s Act), 33…