Legal Opinion

Esther Roth, as Administratrix of the Estate of Gustav Roth, Deceased v. McAllister Bros., Inc.

Court of Appeals for the Second Circuit

Decided April 18, 1963No. 289, Docket 27983PublishedCited by 33 opinions

1Opinion of the Court

CLARK, Circuit Judge.

Defendant appeals from a judgment awarding plaintiff, as administratrix of the estate of her husband, Gustav Roth, the sum of $6,000, plus interest, or a total of $7,980, due him for maintenance and cure. Roth himself originally brought the action as a seaman, claiming damages for a personal injury under the Jones Act, 46 U.S.C. § 688, and, in a separate count, an award for maintenance and cure. Roth died, and the action was amended to continue in the name of his wife as administratrix. The claims under the Jones Act were tried to a jury which disagreed, and they have not…

2Cases cited3 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
  3. Little v. Blue Goose Motor Coach Co.Illinois Supreme Court · 1931

3Cited by33 opinions

  1. United Food & Commercial Workers Union, Local 919, Afl-Cio v. Centermark Properties Meriden Square, Inc.Court of Appeals for the Second Circuit · 1994
  2. Gaf Corporation v. United States of America. Keene Corporation v. United States of America. Eagle-Picher Industries, Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1987
  3. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  4. Matosantos Commercial Corp. v. Applebee's International, Inc.Court of Appeals for the Tenth Circuit · 2001
  5. Long Island Lighting Co. v. Transamerica Delaval, Inc.District Court, S.D. New York · 1986

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