Di Somma v. N v. Koninklyke Nederlandsche Stoomboot

FREDERICK van PELT BRYAN, District Judge.

Plaintiff, a longshoreman, sues to recover for personal injuries alleged to have been sustained aboard defendant’s vessel while he was loading cargo in the employ of stevedores. He claims negligence of defendant and unseaworthiness of the vessel. Defendant has answered denying liability and alleging in bar the assignment of plaintiff’s claim by operation of law under the Longshoremen’s & Harbor Workers’ Compensation Act (33 U.S.C.A. § 933(b)), and the pendency of another action on the same claim brought by his employer’s insurer as as-signee.

Defendant…