McAndrews v. United States Lines Company
| Decision Date | 05 November 1958 |
| Citation | 167 F. Supp. 41 |
| Parties | Joseph McANDREWS, Plaintiff, v. UNITED STATES LINES COMPANY, Defendant and Third Party Plaintiff, T. Hogan & Sons, Inc. and Chelsea Ship Repair Corporation, Third Party Defendants. |
| Court | U.S. District Court — Southern District of New York |
Kirlin, Campbell & Keating, New York City, by James B. Magnor, New York City, for defendant and third party plaintiff.
Alexander, Ash & Schwartz, New York City, by Sidney A. Schwartz, New York City, for third party defendant, Chelsea Ship Repair Corp.
This is a motion made by counsel for Chelsea Ship Repair Corporation, a third party defendant in the above-entitled action, to strike from the Jury Calendar trial of the action of the United States Lines Company as third party plaintiff against the said Chelsea Ship Repair Corporation.
The above-entitled action of Joseph McAndrews, plaintiff, against United States Lines Company as defendant has been settled and is being discontinued; likewise, the action of United States Lines Company as third party plaintiff against T. Hogan & Sons, Inc. as a third party defendant is being settled and discontinued. Consequently, this leaves for adjudication only the issue between United States Lines Company as third party plaintiff and Chelsea Ship Repair Corporation as third party defendant.
The only jury demand that has been made and filed by any party in this action was that endorsed upon the original complaint of the plaintiff in which he demanded a jury trial of the issue between him and the United States Lines Company. The defendant impleaded the above-mentioned two third party defendants by order of impleader. At no time has the United States Lines Company or Chelsea Ship Repair Corporation ever filed and served any jury demand with respect to the issues between them.
The right of jury trial is governed by Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A., which is as follows:
It is true that if a timely and proper demand for jury is made, all other parties in the action who are affected by the demand may rely...
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...for jury trial of any issue so triable. Bevemet Metais Ltd. v. Gallie Corp., 3 F.R.D. 352 (S.D.N.Y.1942); McAndrews v. United States Lines Co., 167 F.Supp. 41 (S.D.N.Y.1958). In Bevemet Metais, a fifth-party defendant-sixth-party plaintiff was entitled, upon timely demand, to a jury trial o......
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N-500L Cases, In re
...a jury trial is desired as to those issues. 5 Moore's P 38.45, at 38-391-92 n.2. See Rosen, 639 F.2d at 92; McAndrews v. United States Lines Co., 167 F.Supp. 41, 43 (S.D.N.Y.1958). Because the plaintiffs' demand embraced the contribution issue of appellants' tort liability, reliance on the ......
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...have been bound to accept jury trial on the common issue of liability to indemnify the shipowner. F.R. 38(b); McAndrews v. U. S. Lines Co., D.C.S.D.N.Y., 167 F. Supp. 41; 5 Moore's Federal Practice ¶ 38.45, p. 344 and n. 2 (2d Ed.1951). Indeed under the circumstances that was the natural an......
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In re N-500L Cases
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