Goode v. Norfolk & Western Ry. Co.

By JUDGE CHARLES R. WATERS, II

If this case were one of first impression, I would be tempted to rule that the Congress, by enacting the Longshoremen’s and Harbor Workers’ Compensation Act (L.H. W.C.A.), did not intend to strip a railroader of any of his benefits under the Federal Employer’s Liability Act (F.E.L.A.) under any circumstances so long as he was working for the railroad at the time of injury, a narrow, unintellectual approach which makes good sense.

The duty of this court, however, is not to make law but to interpret and follow the law as set forth by courts of higher dignity. In…