Legal Opinion

Demer v. Pacific S. S. Co.

District Court, W.D. Washington

Decided May 28, 1921No. 5856Published

At Eaw. Action by Walter J. Demer against the Pacific Steamship Company and another, begun in the state court and removed to the United States District Court. On motion to remand.

1Opinion of the Court

CUSHMAN, District Judge.

A reargument has been had in this case upon the representation that the court fell into error in holding that a federal question was involved in an action where plaintiff sues, alleging that he was injured on a vessel, the injury resulting from her alleged unseaworthy condition, and that the question was an important one going to the court’s jurisdiction. It is contended that the court probably erred, because certain decided cases were not pressed upon the court’s attention.

The following reasons influenced the court in reaching its conclusion: Plaintiff’s injury was…

2Cases cited28 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
  3. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  4. Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
  5. Tennessee v. DavisSupreme Court of the United States · 1880

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