Legal Opinion

Kossick v. United Fruit Co.

Supreme Court of the United States

Decided May 29, 1961No. 96PublishedCited by 610 opinions

1Opinion of the CourtJustice Harlan

This case calls in question the propriety of a dismissal before trial of the first cause of action in a seaman’s diversity complaint. Dismissal was on the ground that *732the allegations of the complaint are deficient by reason of the New York Statute of Frauds.

The allegations of the complaint, which for present purposes ■ must be taken as true, are in substance as follows: Petitioner, while employed as chief steward on one of the vessels of respondent, United Fruit Company, suffered a thyroid ailment, not attributable to any fault of the respondent, but with respect to which it concededly had a…

2Cases cited32 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  3. The OsceolaSupreme Court of the United States · 1903
  4. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  5. Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960

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3Cited by610 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  3. American Dredging Co. v. MillerSupreme Court of the United States · 1994
  4. Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
  5. Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004

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