WESTERBERG v. TIDE WATER ASSOCIATED OIL CO.


304 N.Y. 545 (1953)

Elfrida I. Westerberg, Appellant, v. Tide Water Associated Oil Company, Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1953


Attorney(s) appearing for the Case

Priscilla J. Vogelsang and Edward Rager for appellant.

Arthur M. Boal for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

The breach of duty by the defendant, which allegedly caused injuries to plaintiff's husband — injuries giving rise to her present action — occurred while the defendant's vessel was at sea and while he, as a seaman, was employed at service on that vessel. That alleged breach of duty by the defendant was a maritime tort. As such it cannot serve as a basis for plaintiff's complaint which demands...

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