Johansson v. O. F. Ahlmark & Co.

SUGARMAN, District Judge.

Respondent moves on ■ the ground that “this court does' not have jurisdiction of the action”, to dismiss a libel claiming damages under the Jones Act 1 and indemnity for unseaworthiness in the first cause of action and maintenance and cure in the second.

This motion will be. treated as a . hearing on exceptions to the libel, although the parties have proceeded as if this were a civil action. 2

The following facts are not disputed. Libelant, a citizen of Sweden, signed articles in that country to serve on a Swedish vessel on a voyage from Sweden to ports in the United…