SMITH v. CALIFORNIA TANKER COMPANY


150 F.Supp. 513 (1957)

Herman SMITH, Plaintiff, v. CALIFORNIA TANKER COMPANY, Defendant.

United States District Court S. D. New York.

April 24, 1957.


Attorney(s) appearing for the Case

William L. Standard, New York City, for plaintiff.

Maclay, Morgan & Williams, New York City, for defendant C. Dickerman Williams, New York City, of counsel.


SUGARMAN, District Judge.

On November 23, 1953 plaintiff, as a seaman, commenced an action against defendant "under the Jones Act." The complaint in one count alleged defendant's negligence and the unseaworthiness of defendant's vessel on which plaintiff was employed and injured. Plaintiff demanded a trial by jury.

On December 9, 1954, without opposition, plaintiff was granted leave to file an amended complaint in which plaintiff, as a seaman, suing "under...

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