TAYLOR v. CRAIN

No. 181.

98 F.Supp. 149 (1951)

TAYLOR v. CRAIN et al.

United States District Court W. D. Pennsylvania.

Motion to Vacate or Amend Order Denied July 14, 1951.


Attorney(s) appearing for the Case

Hymen Schlesinger, of Pittsburgh, Pa., for libellant.

H. A. Robinson (Dickie, Robinson & McCamey), of Pittsburgh, Pa., for respondents.


BURNS, District Judge.

The instant libel, which asserts that libellant suffered personal injuries in the employ of respondents on a steamer owned or operated by respondents, was filed more than five years after the alleged injury occurred. Respondents have moved to dismiss the libel on the ground of laches.

This motion to dismiss is equivalent to a peremptory exception. The delay of libellant in seeking relief through the courts creates a presumption of prejudice...

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