Legal Opinion
Thornes v. Socony-Vacuum Oil Co.
District Court, S.D. New York
Decided November 28, 1940PublishedCited by 9 opinions
1Opinion of the Court
MANDELBAUM, District Judge.
Defendant has moved for an order, pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. followii.¿ section 723c, dismissing the complaint herein on the ground that the court is without jurisdiction of the subject matter.
The action is for maintenance and cure brought by a seaman on the law side of the court, based on the seaman’s' contract of employment and the General Maritime Law. Neither negligence nor unseaworthiness are pleaded in the complaint. Defendant contends that plaintiff’s sole remedy is in admiralty.
It is undoubtedly true that…
2Cases cited6 opinions
- Pacific Steamship Co. v. PetersonSupreme Court of the United States · 1928
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Leon v. GalceranSupreme Court of the United States · 1871
- Smith v. Lykes Brothers-Ripley S. S. Co.Court of Appeals for the Fifth Circuit · 1939
- Kennedy v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Lindquist v. DilkesCourt of Appeals for the Third Circuit · 1942
- German v. Carnegie-Illinois Steel CorporationCourt of Appeals for the Third Circuit · 1946
- Fitzgerald v. United States Lines Co.Court of Appeals for the Second Circuit · 1962
- J. E. Haddock, Ltd. v. PillsburyCourt of Appeals for the Ninth Circuit · 1946
4 more not listed; retrieve them via the Exa API.