KIRBY v. SOUTH ATLANTIC S. S. CO. OF DELAWARE

No. 1496.

25 F.Supp. 477 (1938)

KIRBY v. SOUTH ATLANTIC S. S. CO. OF DELAWARE.

District Court, D. Delaware.

November 22, 1938.


Attorney(s) appearing for the Case

Joseph Handler, of Wilmington, Del., for libelant.

William S. Potter (of Ward & Gray) of Wilmington, Del., and Alexander R. Lawton, Jr., of Savannah, Ga., for respondent.


NIELDS, District Judge.

Libel in personam under the Merchant Marine Act to recover damages for a personal injury sustained February 29, 1936.

The right of action accrued to libelant under the Merchant Marine Act, 46 U.S.C. A. § 688, against his employer, South Atlantic Steamship Company of Delaware. February 26, 1938, three days before the two year limitation expired, libelant filed his libel. He commenced suit against "Atlantic Steamship Company", not...

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