Novitski v. Lykes Steamship Co.

BARD, District Judge.

This case is now before me on the defendant’s motion to vacate the service of the summons and complaint.

On March 29, 1949 the plaintiff, a seaman, filed a complaint against Lykes Steamship Company (hereinafter called Lykes) 1 for injuries allegedly sustained through the negligence of the defendant’s agents and employees and for maintenance and cure. On April 4, 1949 service of the summons and a copy of the complaint was made upon Chas. Kurz Co. (hereinafter called Kurz) at the latter’s office in Philadelphia, Pennsylvania, on the theory that Kurz was Lykes’ agent.

The…