SMITH v. FURNESS, WITHY & CO.


119 F.Supp. 369 (1953)

SMITH v. FURNESS, WITHY & CO., Limited.

United States District Court S. D. New York.

December 4, 1953.


Attorney(s) appearing for the Case

Silas Blake Axtell, New York City, for plaintiff.

Kirlin, Campbell & Keating, New York City, by James B. Magnor, New York City, of counsel, for defendant.


GODDARD, District Judge.

This is a motion by defendant to dismiss the complaint on the ground that this court does not have jurisdiction over the subject matter.

The plaintiff, formerly a seaman on the S. S. Ocean Monarch, sues under the Jones Act, Title 46 U.S.C.A. § 688, to recover damages for personal injuries, alleged to have been sustained aboard the vessel, and for maintenance and cure. Plaintiff is a British citizen who entered this country in...

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