128 F.2d 169 (2nd Cir. 1942), 252, Brady v. Roosevelt S.S. Co.

Docket Nº:252.
Citation:128 F.2d 169
Party Name:BRADY v. ROOSEVELT S.S. CO., Inc.
Case Date:May 16, 1942
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 169

128 F.2d 169 (2nd Cir. 1942)

BRADY

v.

ROOSEVELT S.S. CO., Inc.

No. 252.

United States Court of Appeals, Second Circuit.

May 16, 1942

Argued April 15, 1942.

Klein, Kinsley & Klein, of New York City (August P. Klein and Benjamin H. Siff, both of New York City, of counsel), for plaintiff-appellee.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Raymond Parmer and Vernon Sims Jones, both of New York City, of counsel), for Roosevelt S.S. Co., Inc.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellee's intestate, a United States customs inspector, was injured when attempting, in the performance of his duties, to board the S.S. Unicoi on the morning of

Page 170

July 9, 1938 when that vessel was docked at Pier 58, North River. His injuries, caused by the breaking of one of the rungs in a defective ladder which had been lowered from the ship for his use in coming aboard, were so serious that they caused his death in the Yonkers General Hospital at Yonkers, N.Y., on July 20, 1938. The appellee, his widow, was duly appointed his administratirx.

The S.S. Unicoi was a vessel owned by the United States Maritime Commission which was operated for the Commission by the appellant, the Roosevelt Steamship Company, Inc., under a contract with the Commission. The Roosevelt Steamship Company, Inc., was, and is, a private corporation, none of its stock being owned directly or indirectly by the United States.

The appellee sued the Roosevelt Steamship Company, Inc., in the New York Supreme Court to recover the damages, caused by her husband's death, for the benefit of herself and her children. That suit was removed by the appellant to the District Court for the Southern District of New York and there tried to a jury on the law side of the court after the denial of the appellant's motion to dismiss on the ground that the court had no jurisdiction because the appellee's remedy, if any, was exclusively under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741, 742. The only issue on this appeal is that of jurisdiction so raised and decided below.

The appellee relies upon our recent decision in Quinn v. Southgate Nelson Corporation, 2 Cir., 121 F.2d 190, to show the liability of the appellant as the operating agent for the tort which caused the death of her husband. That is not enough, however, to...

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