Maia v. Lamport & Holt, Ltd.

Judgment and order unanimously reversed upon the law, with costs and taxable disbursements, and complaint dismissed with appropriate costs in the court below.

Plaintiff has recovered a judgment based upon a tort which occurred on a British vessel in the territorial waters of Brazil. The recovery was predicated upon the negligence of a fellow-servant of the plaintiff. The “ Jones Act ” (U. S. Code, tit. 46, § 688) is inapplicable. There was neither allegation nor proof, and it may not be presumed, that a similar statute existed either in Great Britain or Brazil. The burden of estabhshing such…