Legal Opinion

Gardiner v. Agwilines, Inc.

District Court, E.D. New York

Decided August 29, 1939No. 547PublishedCited by 6 opinions

1Opinion of the Court

CAMPBELL, District Judge.

This is a motion to remand to the State Court an action which has been removed to this Court on the petition of the defendant, Agwilines, Inc.

It is alleged in the complaint that plaintiff’s intestate was employed by the defendants on the S. S. San Juan, and that as a result of the negligence of the defendants, he died at the port of Mayaquez, Puerto Rico, on January 23rd, 1939.

Two causes of action are alleged in the complaint. The first cause of action is based on the Jones Act, Title 46, Section 688, U.S.Code. 46 U.S.C.A. § 688. The second cause of action repeats the…

2Cases cited5 opinions

  1. Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
  2. Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
  3. Chicago & Alton Railroad v. McWhirtSupreme Court of the United States · 1917
  4. Schotis v. North Coast Stevedoring Co.District Court, W.D. Washington · 1927
  5. Lloyd v. W.E. Hedger Transportation CorporationNew York Court of Appeals · 1936

3Cited by6 opinions

  1. Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
  2. Petition of Oskar Tiedemann and CompanyDistrict Court, D. Delaware · 1964
  3. Eggleston v. Republic Steel CorporationDistrict Court, W.D. New York · 1942
  4. Baker v. Moore-McCormack Lines, Inc.District Court, N.D. California · 1944
  5. Hust v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1946

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