Legal Opinion

Chisholm v. Cherokee-Seminole S. S. Corp.

District Court, S.D. New York

Decided November 6, 1940PublishedCited by 9 opinions

1Opinion of the Court

COXE, District Judge.

The complaint in this action contains two causes of action, one for maintenance and cure, and the other for damages for personal injuries, under the Jones Act. The defendants have moved to dismiss the Jones Act cause of action on the ground that it is barred by limitation.

It is alleged in the complaint that the plaintiff was injured on June 14, 1938. The action was commenced on July 26, 1940, or within three years after the cause of action accrued.

The Jones Act incorporated by reference the provisions of the Employers’ Liability Act, 46 U.S.C.A. § 688. The limitation…

2Cases cited3 opinions

  1. The Arizona v. AnelichSupreme Court of the United States · 1936
  2. In Re HeathSupreme Court of the United States · 1892
  3. Watson v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1883

3Cited by9 opinions

  1. Jackson v. Airways Parking CompanyDistrict Court, N.D. Georgia · 1969
  2. Wisbey v. American Community Stores CorporationDistrict Court, D. Nebraska · 1968
  3. Gahling v. Colabee S. S. Co.District Court, E.D. Pennsylvania · 1941
  4. Kakara v. United StatesCourt of Appeals for the Ninth Circuit · 1946
  5. Orpheus Investments, SA v. Ryegon Investments, Inc.District Court of Appeal of Florida · 1983

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