Martinez v. Karageorgis, Civ. No. 123-63.
| Decision Date | 23 September 1963 |
| Docket Number | Civ. No. 123-63. |
| Citation | 235 F. Supp. 1012 |
| Parties | Rafael Arne MARTINEZ, Plaintiff v. M. A. KARAGEORGIS, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
Nachman & Feldstein, San Juan, P. R., for plaintiff.
Hartzell, Fernández & Novas, San Juan, P. R., for defendant.
This action is now before the Court on defendant's petition for a rehearing on the court's oral order of August 2, 1963, rendered from the bench, denying his motion to quash summons.
Argument thereon was heard on September 6, 1963.
The Court has given due consideration to defendant's motion as well as to plaintiff's opposition thereto, and is now duly advised in the premises.
Even though it be conceded that Rule 4.7(b) of the Rules of Civil Procedure for the Courts of the Commonwealth of Puerto Rico is in derogation of the Common Law, it must be given a reasonable construction and this should be one in accord with its purpose.
See: Williams v. Kitchin (6 Cir.) 316 F.2d 310, 311-312.
The interpretation which this Court has given to said rule is the only one compatible with the purpose of the framers thereof and the prior statute of the Puerto Rican Legislature from which it was derived.
It is unquestioned that the defendant is engaged in the business of transportation by sea and that he has never designated an agent to receive summons here. Although incidentally, he did business in Puerto Rico, engaged a stevedoring contractor to unload here the cargo being transported in his vessel, and, allegedly as a consequence of said stevedoring operations and because of his negligence and the unseaworthiness of his vessel, the plaintiff, who was employed in said unloading operations suffered the damages which are claimed here.
The Rule is intended to solve the problem created in such situations which persons "engaged in the business of transportation, do business in Puerto Rico, without designating an agent to receive summons."
The legislative purpose of said rule could not be, as defendant contends, to reach those regularly engaged in transportation of passengers or freight in Puerto Rico or between Puerto Rico and the United States or between Puerto Rico and a foreign country. As to these, no necessity existed for adopting a special rule. If so engaged they must be expected to have offices or agents in Puerto Rico upon whom personal service could be made without any trouble, or their vessels would regularly dock at the Puerto Rican ports, where...
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Eddie Dassin, Inc. v. Darlene Knitwear, Inc.
...have the same legal force and effect as a personal service." This Court has interpreted that Rule several times. See Martinez v. Karageorgis, 235 F.Supp. 1012 (D.C.P.R.1963); Executive Air Services, Inc. v. Beech Aircraft Corp., 254 F.Supp. 415 (D.C.P.R.1966); La Electronica, Inc. v. Electr......
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Eddie Dassin, Inc. v. Darlene Knitwear, Inc.
...the same legal force and effect as a personal service." This Court has interpreted that Rule several times. See Martinez v. Karageorgis, 235 F.Supp. 1012 (D.C.P.R. 1964); Executive Air Services, Inc. v. Beech Aircraft Corp., 254 F.Supp. 415 (D.C.P.R.1966); La Electronica, Inc. v. Electric S......
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Caribbean Sales Associates, Inc. v. Hayes Industries, Inc.
...been so understood in this District. Pantoja v. Pioneer Marine Carriers Corp., (D.C.P.R.1964), 235 F. Supp. 724; Martinez v. Karageorgis, (D.C.P.R.1963), 235 F.Supp. 1012. The service of process statute does not add to or create new liabilities which are then sought to be retrospectively as......
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Schering Transamerica Corporation v. Torres-Canet, Civ. No. 542-66.
...Battery Co., 260 F.Supp. 915 (D.C.); Executive Air Services, Inc. v. Beech Aircraft Corporation, 254 F.Supp. 415 (D.C.); Martinez v. Kargeorgis, 235 F.Supp. 1012 (D.C.). But I cannot attribute to the Puerto Rican Legislature the intent to include persons whose contractual acts bear no conta......