Uravic v. F. Jarka Co.
| Decision Date | 22 October 1929 |
| Citation | 252 N.Y. 530,170 N.E. 131 |
| Parties | Anna URAVIC, as Administratrix of the ESTATE of Anton URAVIC, Deceased, Appellant, v. F. JARKA COMPANY, Inc., Respondent, Impleaded with Another. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (225 App. Div. 892, 233 N. Y. S. 913), entered March 7, 1929, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of the defendant. Plaintiff's intestate, a longshoreman, employed by defendant respondent, while working on a vessel of German registry, moored at a pier in the Hudson river at the city of New York, received injuries causing his death. The complaint was dismissed on the ground that the Merchant Marine Act, under which this action was brought, had no application in a suit for injuries to an employee of an American corporation injured on a foreign vessel in American waters.
Paul C. Matthews, of New York City, for appellant.
Charles B. McLaughlin, of New York City, for respondent.
Judgment affirmed, with costs, on the authority of Resigno v. Jarka Co., Inc., 246 N. Y. 537, 159 N. E. 642.
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