Herrera v. Pan-American Petroleum & Transport Co.
| Decision Date | 22 May 1924 |
| Citation | 300 F. 563 |
| Parties | HERRERA v. PAN-AMERICAN PETROLEUM & TRANSPORT CO. |
| Court | U.S. District Court — Southern District of New York |
Emanuel Friedman, of New York City, for plaintiff.
James A. Hatch, of New York City, for defendant.
This action was brought by the plaintiff in the Supreme Court, New York County, under the provisions of the so-called Jones Act to recover damages for personal injuries sustained by him while he was a seaman in the employ of the defendant. The action was removed to this court on account of diversity of citizenship, and the plaintiff now moves to amend.
Section 33 of the Jones Act of June 5, 1920, chapter 250, section 20 of the La Follette Act, provides:
' Comp. St. Ann Supp. 1923, Sec. 8337a.
The defendant seeks to distinguish the present case from my decision in Elizabeth Beer, as Administratrix, etc., v. Clyde Steamship Co. on the ground that plaintiff here is suing for his own injuries, while in Beer v. Clyde Steamship Co., 300 F. 561, recovery was sought by a personal representative of a seaman whose death was the result of personal injuries. As I indicated in my former opinion, the words in the above section of the Jones Act, 'modifying or extending the common-law right or remedy in cases of personal injury to railway employees,' and the words 'conferring or regulating the right of action for death in case of railway employees,' equally grant to the parties who may respectively have a cause of action the right to choose a state court without being subject to removal. I have...
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Gay v. Ruff
...1920, c. 250, 41 Stat. 988 (46 USCA § 688). Engel v. Davenport, 271 U.S. 33, 38, 46 S.Ct. 410, 70 L.Ed. 813; Herrera v. Pan-American Petroleum & Transport Co. (D.C.) 300 F. 563. And by Act of May 27, 1933, c. 38, § 22(a), 48 Stat. 74, 86 (15 USCA § 77v, par. a) suits brought in a state cour......
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...Corp. (D. C.) 3 F.(2d) 845; Martin v. United States Shipping Board Emergency Fleet Corp. (D. C.) 1 F.(2d) 603; Herrera v. Pan-American Pet. & Transp. Co. (D. C.) 300 F. 563; and see Engel v. Davenport, 271 U. S. 33, 37, 46 S. Ct. 410, 70 L. Ed. Although there have been divergent views elsew......
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...other hand Judge A. N. Hand remanded such causes in three cases, Beer v. Clyde S. S. Co. (D. C.) 300 F. 561, Herrera v. Pan-American Petroleum & Transport Co. (D. C.) 300 F. 563, and Martin v. U. S. Shipping Board (D. C.) 1 F.(2d) 603. The first of these was for death and the other two for ......
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