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ERICKSON v. SHAMROCK TOWING CO.

81 F.Supp. 850 (1948)

ERICKSON v. SHAMROCK TOWING CO., Inc.

United States District Court S. D. New York.

July 21, 1948.

Attorney(s) appearing for the Case

Nathan Baker, of New York City, for plaintiff.

Alexander & Ash, of New York City, for defendant.

BONDY, District Judge.

Defendant moves to dismiss the first cause of action solely on the ground that it fails to state a claim against the defendant. The first cause of action is based upon unseaworthiness of the ship upon which the plaintiff sustained injuries. Defendant's contention is: "Since the cause of action for unseaworthiness lies against the ship, the cause of action is one essentially in rem and is not cognizable in personam at common law. As the plaintiff...

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