Murphy v. New York & Porto Rico S. S. Co.

HULBERT, District Judge.

Plaintiff moves for an order striking out a portion of the defendant’s answer for failure to comply with certain provisions of an order made herein Feb. 28th, 1939.

Plaintiff is a seaman and sues under, the Jones Act, 46 U.S.C.A. § 688, to recover $100,000 damages for an assault alleged to have been committed upon him May 9th, 1938 by a fellow member of the crew of the Steamship Borinquen, a vessel owned and operated by the defendant between New York and West Indian Ports.

There are two causes of action. One for the injuries alleged to have been sustained and the other…