Erlich v. Wilhelmsen
| Decision Date | 13 April 1942 |
| Docket Number | No. 2522.,2522. |
| Citation | 44 F. Supp. 414 |
| Parties | ERLICH v. WILHELMSEN et al. |
| Court | U.S. District Court — Eastern District of New York |
Haight, Griffin, Deming & Gardner, of New York City (J. Ward O'Neill, of New York City, of counsel), for defendant Barber S.S. Lines, Inc.
Hayes & Tullman, of New York City, for plaintiff.
This is an action brought by the plaintiff, on the law side of the Court, to recover the sum of $25,000 for injuries alleged to have been sustained by him, while employed as a watchman on board the Motorship Thermopylae.
The defendant Barber Steamship Lines, Inc., appears specially, and not generally, for this motion, which is for an order dismissing the complaint, as to it, on the ground that it appears that plaintiff and said defendant, Barber Steamship Lines, Inc., are citizens of the same State, and there is no diversity of citizenship between the plaintiff and said defendant, and for that reason this Court is without jurisdiction.
It appears, from the complaint, that plaintiff is a citizen of the United States, and a resident of the State of New York, and that the Barber Steamship Lines, Inc., is a domestic corporation duly organized and existing under the laws of the State of New York.
Although plaintiff definitely elected to bring his action at law, he now seeks to sustain the jurisdiction of this Court, which has been attacked by the defendant in question, under Title 28, Section 41, Subdivision 3, U.S.C.A., which reads as follows:
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