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GONZALEZ v. RIVERSIDE & FORT LEE FERRY CO.

43 F.Supp. 366 (1942)

GONZALEZ v. RIVERSIDE & FORT LEE FERRY CO.

District Court, S. D. New York.

February 24, 1942.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Dominick Blasi, of Brooklyn, N. Y., and Lucien V. Axtell, of New York City, of counsel), for libellant.

Duncan & Mount, of New York City (Frank A. Bull, and John H. Galloway, Jr., both of New York City, of counsel), for respondent.

RIFKIND, District Judge.

The libellant was injured on September 21, 1940, when he was caught on the outside fender of the ferryboat Tenafly as it came in contact with the wooden piles of the slip from which the ferry had just begun to emerge. He brought action under the Jones Act, 46 U.S.C.A. § 688 and for maintenance and cure.

Is that action maintainable? Concededly, it is not maintainable if the libellant is covered by the provisions of the Long-shoremen...

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