Ben Ali v. Moore-McCormack Lines, Inc.

This is an appeal from an order of Special Term denying a motion for judgment dismissing the complaint in an action under the Jones Act (U. S. Code, tit. 46, § 688) instituted in the New York Supreme Court, based on alleged injuries sustained by plaintiff (a seaman) between March 17th and April 30, 1948, by reason of the negligence of defendant in failing to furnish heat in plaintiff’s quarters on board defendant’s vessel S. S. Edward W. Burton when the outside temperature required it.

In January, 1949, plaintiff brought suit in the United States District Court for the Southern District of New…