Duarte v. Christie Scow Corp.

LEIBELL, District Judge.

Plaintiff’s complaint is definitely brought as a “seaman” under the provisions of the Jones Act, Title 46 U.S. C.A. § 688. Both the summons and the complaint bear a statement to the right of the caption that this is a “seaman’s action”. Paragraph Twelfth claims certain rights and privileges under the various acts of Congress that are referred to in § 688, supra. But plaintiff’s complaint shows on its face that plaintiff was never an employee of the defendant, Christie Scow Corporation, or of the impleaded defendant, the City of New York. At most 'plaintiff was either a…