Leon v. United States Shipping Board Emergency Fleet Corporation

• Decision Date: 11 April 1921
• Parties: LEON v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION et al.
• Court: U.S. District Court — Southern District of New York

286 F. 681

LEON v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION et al.

United States District Court, S.D. New York.

April 11, 1921

Silas B. Axtell, of New York City, for plaintiff.

Francis G. Caffey, U.S. Atty., and John E. Walker, Sp. Asst. U.S Atty., both of New York City, for defendant Emergency Fleet Corporation.

MAYER District Judge.

Defendant United States Shipping Board Emergency Fleet Corporation has appeared specially and moved that the action be dismissed on the ground of lack of jurisdiction. The action is brought by a seaman to recover damage for personal injury alleged to have been sustained by him in the course of his employment. The complaint alleges:

'First. Upon information and belief, that at all the times hereinafter mentioned the United States Shipping Board Emergency Fleet Corporation was and still is a foreign corporation, organized and existing under and by virtue of the laws of the District of Columbia, and at all said times was and now is doing business in the state of New York and Southern district of New York.'

The complaint does not allege where the principal office of the United States Shipping Board Emergency Fleet Corporation 'is located.' The action is predicated upon the act of Congress approved June 5, 1920, section 33 of which (41 Stat. 1007) amended section 20 of the Seamen's Act approved March 4, 1915. That statute reads as follows:

'That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States, modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.'

The jurisdiction of this court is based on section 24 of the Judicial Code (Comp. St. Sec. 991), which provides:

'The District Courts shall have original jurisdiction as follows:

'First. Of all suits of a civil nature, at common law * * * where the matter in controversy exceeds, exclusive of interest and costs, the sum of $3,000 and (a) arises under the Constitution or laws of the United States. * * * '

It is not denied that the court has original jurisdiction of the cause of action. The question to be decided is whether the District Court for the Southern District of New York has jurisdiction. The...