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AMERICAN SOUTH AFRICAN LINE v. UNITED STATES

No. 38.

62 F.2d 254 (1932)

AMERICAN SOUTH AFRICAN LINE, Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 19, 1932.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Roger B. Siddall and Vernon S. Jones, both of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (William E. Collins, Sp. Asst. to U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

The defendant's motion, equivalent to a demurrer, raises the sufficiency of the petition to state a cause of action against the United States. A brief summary of its allegations will suffice. An American citizen named Emerson shipped as an assistant engineer on the plaintiff's steamship for a voyage from New York to Cape Town and return. At the port of Lourenco Marques, Portuguese East Africa, Emerson, while intoxicated and attempting to go ashore...

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