GABAREE v. JAY SHIP MAINTENANCE CORPORATION

Civ. A. No. 22240.

166 F.Supp. 625 (1958)

Clinton GABAREE v. JAY SHIP MAINTENANCE CORPORATION, Defendant and Third-Party Plaintiff, and Mar-Trade Corporation, Defendant (Pennsylvania Dry Dock & Shipbuilding Co., Inc., American & Foreign Warehouse Co., Thomas S. Lee, Third-Party Defendants).

United States District Court E. D. Pennsylvania.

October 8, 1958.


Attorney(s) appearing for the Case

Edward L. Wolf, Richter, Lord & Levy, Philadelphia, Pa., for plaintiff.

Thomas F. Mount, Rawle & Henderson, Henry T. Reath, Duane, Morris & Heckscher, Philadelphia, Pa., for defendants.


EGAN, District Judge.

Five years after the original complaint was filed seeking recovery on the ground of negligence, plaintiff moves to amend by adding the additional charge that defendants failed to provide him with a seaworthy vessel on which to work. Counsel for plaintiff maintains that the amendment is sought at this time because through an oversight of prior counsel for plaintiff, the averment in question was never included in the original complaint. Defendants...

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