Pennsylvania Railroad v. O'Rourke

This certiorari requires us to determine which federal industrial accident statute — the Federal Employers’ Liability Act or the Longshoremen’s and Harbor Workers’ Compensation Act — applies to the circumstances of this case. The petitioning railroad had employed O’Rourke in its Harismus Cove Yard at Jersey City since 1942 as a “freight brakeman.” He worked as part of a five-man crew making up trains. Their duties included work on *335the petitioner’s car floats that moved freight and passenger cars from and to the Yard by water. The accident occurred during the night of January 28, 1948. Having…