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Leo T. Vogelsang v. Western Maryland Railway Company

Leo T. VOGELSANG, Appellant, v. WESTERN MARYLAND RAILWAY COMPANY, Appellee

Vogelsang v. Western Md. Ry. Co., 670 F.2d 1347 (4th Cir. 1982)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
February 10, 1982
Docket
No. 81-1632
Judges
Butzner, Widener, Phillips
Citations
670 F.2d 13471982 U.S. App. LEXIS 21905

Opinion — Per Curiam

PER CURIAM:

Leo Vogelsang appeals the dismissal of his claim under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., against his employer, the Western Maryland Railway Company, for damages resulting from a work-related injury. Vogelsang and the Railway stipulated the operative facts and the district court, treating the Railway’s motion to dismiss as one for summary judgment under Fed.R.Civ.P. 12(b), held Vogel-sang’s exclusive remedy to be under the *1348 Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq.

We affirm.

These stipulated facts show that the Railway operates a yard with railway tracks leading to and extending onto Port Coving-ton Pier 6 in Baltimore, Maryland, a pier that adjoins navigable water. On the date of Vogelsang’s injury, bauxite ore was being unloaded from a ship alongside the pier into railroad cars on these tracks. This ore was removed by a crane to a series of hoppers, all part of a structure over the pier, then transferred by chute from the lowest hopper through openings in the tops of the cars. Vogelsang was stationed atop the cars to open and close the top lids and to adjust the gates on the chute so the ore could flow into the cars. He was also responsible for signaling to the engineer of a locomotive who then moved the cars into position under the chute. Vogelsang fell from the top of a car while engaged in this latter function.

Vogelsang’s contention is that his job status is analogous to that of the railroad brakemen in Conti v. Norfolk & Western Ry. Co., 566 F.2d 890 (4th Cir. 1977), which we found outside the intended scope of the LHWCA’s coverage. In the instant case, however, we conclude that the district court properly followed P.C. Pfeiffer Co. v. Ford, 444 U.S. 69 , 100 S.Ct. 328 , 62 L.Ed.2d 225 (1979), and Northeast Terminal Co. v. Caputo, 432 U.S. 249 , 97 S.Ct. 2348 , 53 L.Ed.2d 320 (1977), in deciding otherwise, and properly distinguished Conti as involving employees who, unlike Vogelsang, were not engaged in an integral part of the ship loading or unloading process. Accordingly, we affirm for the reasons set forth more fully in the district court’s memorandum and order.

Leo T. Vogelsang v. Western Maryland Ry. Co., 531 F.Supp. 11 (D.Md.1981).

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

  • (railroad worker who performed repair, maintenance, and carpentry on structures used in coal-loading process was covered under LHWCA)
  • (railroad worker who was injured unloading already unloaded cargo from a pier onto railroad cars was participating in the final step of unloading process and, therefore, was engaged in “maritime employment” 21 under LHWCA, and was unable to pursue claim against employer under FELA)
1983: 11984: 31985: 11990: 11993: 12019: 119832026peak 1984 · 3

Relies on it most ⓘ

  1. Crowe v. CSX Transportation242 Md. App. 311 (2019)
  2. Greg Hayes v. Csx Transportation, Incorporated, a Corporation985 F.2d 137 (4th Cir. 1993)
  3. Simmons v. Texas City Terminal Railway Co.654 S.W.2d 791 (Tex. App. 1983)
  4. In re All Maine Asbestos Litigation581 F. Supp. 963 (D. Me. 1984)
  5. John F. Harmon v. Baltimore & Ohio Railroad741 F.2d 1398 (D.C. Cir. 1984)
  6. Stanley v. Western Maryland Railway Co.482 A.2d 881 (Md. 1984)

Most recent

  1. Crowe v. CSX Transportation242 Md. App. 311 (2019)
  2. Greg Hayes v. Csx Transportation, Incorporated, a Corporation985 F.2d 137 (4th Cir. 1993)
  3. Merrill v. Chicago & Illinois Midland Railway751 F. Supp. 770 (C.D. Ill. 1990)
  4. Vilanova v. United States625 F. Supp. 651 (D.P.R. 1985)
  5. Stanley v. Western Maryland Railway Co.482 A.2d 881 (Md. 1984)
  6. John F. Harmon v. Baltimore & Ohio Railroad741 F.2d 1398 (D.C. Cir. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249 (1977) 365
P. C. Pfeiffer Co. v. Ford, 444 U.S. 69 (1979) 189
Vogelsang v. Western Md. Ry. Co., 531 F. Supp. 11 (D. Maryland 1981) 5

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