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DELL v. AMERICAN EXPORT LINES

142 F.Supp. 511 (1956)

Edward DELL, Plaintiff, v. AMERICAN EXPORT LINES, Inc., Defendant and Third-Party Plaintiff (The United States of America, Dayton Contracting Co., Inc., and Maher, Stevedoring Co., Inc., Third-Party Defendants).

United States District Court S. D. New York.

June 26, 1956.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, Jacob Rassner, Harvey Goldstein, New York City, on the brief, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, George H. Hearn, Brooklyn, N. Y., James M. Estabrook, New York City, of counsel, for defendant and third-party plaintiff American Export Lines, Inc.

Paul W. Williams, U. S. Atty., New York City, Walter L. Hopkins, Trial Attorney, Department of Justice, New York City, of counsel, for third-party defendant United States.

DIMOCK, District Judge.

Four motions have been made by the parties to this action which touch upon the power of a district court to transfer an action from the civil docket to the admiralty docket.

Plaintiff, a longshoreman, not employed by defendant American Export Lines (hereinafter called Export), invoking the Jones Act, 46 U.S.C. § 688, brought this action on the civil side to recover for personal injuries allegedly sustained on the S. S. Exchester...

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