Legal Opinion

Sperbeck v. A. L. Burbank & Co.

District Court, S.D. New York

Decided January 25, 1950No. Civ. 42-39PublishedCited by 2 opinions

1Opinion of the Court

RIFKIND, District Judge.

The action was commenced by a seaman against his employer for injuries negligently inflicted and for maintenance and cure. The seaman died before trial and the administratrix, his widow, was substituted as party-plaintiff.

The S.S. John Mason was tied to one of the Manhattan docks. Apparently it was not in active operation for her crew consisted solely of a mate and watchman for each of three watches. Sperbeck was night-mate, his hours of duty beginning at 5 o’clock. The ship was cold' and no one lived aboard her. Before March 3, 1947, access to the ship from the dock…

2Cases cited3 opinions

  1. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  2. Lindgren v. United StatesSupreme Court of the United States · 1930
  3. Sullivan v. United StatesCourt of Appeals for the Second Circuit · 1949

3Cited by2 opinions

  1. Carleno v. Marine Transport Lines, Inc.District Court, E.D. Virginia · 1962
  2. O'Connor v. Panama Canal Co.City of New York Municipal Court · 1952

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