Raymond N. Thomsen v. Terrace Navigation Corporation

Plaintiff, a ship’s officer, sued shipowner for personal injuries. When the case was reached for trial plaintiff was at sea in the South Pacific and plaintiff’s counsel was informed by radio that plaintiff could not leave his ship, and that plaintiff would not agree to a $7500 settlement. Although plaintiff’s deposition was available, when the case was reached for trial, counsel marked the case settled on agreement by defendant to pay $8500. An order of discontinuance was entered.

On return to New York, plaintiff refused to accept the settlement and filed a motion to restore the ease to the…