
    Joseph Chernik, Appellant, v. Clyde Steamship Company, Respondent.
    
      Constitutional law — negligence — workmen’s compensation — master and servant — constitutionality of Longshoremen’s and Harbor Workers’ Compensation Act.
    
    
      Chernik v. Clyde Steamship Co., Kings Co. Special Term, Dec. 2, 1927, affirmed.
    (Argued March 26, 1928;
    decided April 10, 1928.
    Appeal from a judgment, entered December 2, 1927, upon an order of a Special Term of the Supreme Court for the county of Kings granting a motion by defendant for a dismissal of the complaint. Plaintiff, a longshoreman in the employ of defendant, was injured while engaged in unloading a vessel and brought this action to recover therefor. Defendant moved to dismiss the complaint on the ground that the court had no jurisdiction of the subject-matter, by reason of a certain act of Congress commonly known as the Longshoremen’s and Harbor Workers’ Compensation Act, and that the defendant had complied with all the terms and conditions of said act, and, therefore, the plaintiff could not recover any moneys except the compensation provided thereunder. The plaintiff opposed the motion to dismiss, contending that the Longshoremen’s and Harbor Workers’ Compensation Act is unconstitutional, null and void.
    
      Joseph Banner for appellant.
    
      Ray Rood Allen for respondent.
    
      Harry S. Austin for International Longshoremen’s Association, amicus curiæ.
    
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Andrews, J.  