Johnston

The court below sustained a motion to dismiss proceedings brought by appellant to set aside an order denying appellant’s claim made under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., and appellant then brought this appeal.

Appellant was employed by a master stevedore to operate a winch on a steamship. On February 9, 1940, he was returning to the ship from lunch and while walking across the dock stumbled and was injured. He filed a claim with the. Deputy Commissioner who rejected it on the ground that the injury did not occur on the navigable waters of the United States. The court below sustained the Deputy Commissioner.

The word “injury” is defined in 33 U.S.C.A. § 902 as meaning “accidental injury or death arising out of and in the course of employment”. 33 U.S.C.A. § 903 (a) provides in part:

Appellant first contends that the injury was compensable under the act as one “arising out of and in the course of employment”. Assuming, without deciding, that the injury arose out of appellant’s employment, he would be entitled to compensation if, and only if, the injury occurred “upon the navigable waters of the United States”, as specified in…