PANAMA TRANSPORT COMPANY v. Greenberg, 5770.
| Decision Date | 05 May 1961 |
| Docket Number | No. 5770.,5770. |
| Parties | PANAMA TRANSPORT COMPANY et al., Defendants, Appellants, v. Nathan GREENBERG, Plaintiff, Appellee. |
| Court | U.S. Court of Appeals — First Circuit |
Walter X. Connor, New York City, Joseph F. Dolan, Boston, Mass., James P. O'Neill, and Kirlin, Campbell & Keating, New York City, on the brief, for appellants.
Daniel J. Hourihan, Boston, Mass., for appellee.
Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.
A Spanish seaman and member of the crew of the S.S. Esso Rochester was injured on board his vessel on December 6, 1958, while it lay in the harbor of Portland, Maine. On December 9, 1958, a member of the bar employed by the plaintiff-appellee, who is a member, inter alia, of the Maine and Massachusetts bars practicing in Boston, visited the seaman in a Portland hospital and obtained the seaman's signature to a retainer in the following language:
Subsequently the seaman was visited by representatives of the defendants, one of them the owner of the vessel and the other its husbanding agent, and eventually on February 10, 1959, the seaman wrote the plaintiff a letter discharging him as counsel on the ground that his services were no longer required.
The plaintiff-appellee then brought this action on the law side of the court below under its diversity jurisdiction for wrongful interference by the defendant-appellants with his advantageous contractual relationship with the seaman. After trial without a jury the court gave judgment for the plaintiff and the defendants appealed.
The appeal suggests a number of interesting questions but we do not reach them for lack of jurisdiction.
The allegations of the complaint with respect to the diversity of the citizenship of the parties and the amount in controversy between them are adequate to show federal jurisdiction. But the plaintiff testified categorically that, in his opinion based on his experience as a specialist in suits in admiralty for...
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