Legal Opinion
Izquierdo v. Cities Service Oil Co. (Pa.)
District Court, S.D. New York
Decided July 16, 1965PublishedCited by 9 opinions
1Opinion of the Court
McGOHEY, District Judge.
The defendants have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state claims upon which relief can be granted, on the ground that those asserted are time barred.
The plaintiff, a seaman, asks damages totalling $100,000 on three claims. The first, alleging personal injuries resulting from the defendants’ negligence, is laid under the Jones Act. 1 The second and third are laid under the general maritime law and allege, respectively, the same injuries as resulting from unseaworthiness, and failure to pay…
2Cases cited17 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Pacific Steamship Co. v. PetersonSupreme Court of the United States · 1928
- McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cook v. SoltmanIdaho Supreme Court · 1974
- The Public Administrator Of The County Of New York v. Angela Compania Naviera, S.A.Court of Appeals for the Second Circuit · 1979
- People of the Living God v. Star Towing Co.District Court, E.D. Louisiana · 1968
- Crown Coat Front Co. v. United StatesDistrict Court, S.D. New York · 1967
- Coddington v. City of LewistonIdaho Supreme Court · 1974
4 more not listed; retrieve them via the Exa API.