Erickson v. Shamrock Towing Co.
Decision Date | 21 July 1948 |
Citation | 81 F. Supp. 850 |
Parties | ERICKSON v. SHAMROCK TOWING CO., Inc. |
Court | U.S. District Court — Southern District of New York |
Nathan Baker, of New York City, for plaintiff.
Alexander & Ash, of New York City, for defendant.
Defendant moves to dismiss the first cause of action solely on the ground that it fails to state a claim against the defendant. The first cause of action is based upon unseaworthiness of the ship upon which the plaintiff sustained injuries. Defendant's contention is:
In Seas Shipping Co. v. Sieracki, 328 U.S. 85, 88, 66 S.Ct. 872, 874, 90 L.Ed. 1099, it is stated: "It is now well settled that a right peculiar to the law of admiralty may be enforced either by a suit in admiralty or by one on the law side of the court." In German v. Carnegie-Illinois Steel Corporation, 3 Cir., 156 F.2d 977, 979, it was held that "the injured seaman may join in the same complaint causes of action based upon negligence under the Jones Act, 46 U.S.C.A. § 688 and unseaworthiness under general maritime principles."
The defendant's motion accordingly is denied.
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