Yanuszauckas v. Mallory S. S. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of 'New York. Action by John Yanuszauckas against the Mallory Steamship Company. The complaint was ordered dismissed, and plaintiff’s motion for judgment by default denied, and he brings error.
1Opinion of the Court
COXE, Circuit Judge.
The plaintiff is an alien and the defendant is a Maine corporation. The plaintiff sues for damages for injuries sustained by him while being employed by the defendant in unloading the steamer Brazos, owned by the defendant, while the steamer was attached to Pier 38, North River. The suit was commenced in the District Court for the Eastern District of New York.
[1] We think it clear that, unless both parties consent, the action cannot be maintained in the Eastern district for the reason that the plaintiff is an alien and the defendant is a Maine corporation.
[2] The defendant…
2Cases cited3 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Waters v. Central Trust Co.Court of Appeals for the Second Circuit · 1903
3Cited by7 opinions
- Neirbo Co. v. Bethlehem Shipbuilding CorporationCourt of Appeals for the Second Circuit · 1939
- Vitkus v. Clyde S. S. Co.District Court, E.D. New York · 1916
- McMurray v. Chase Nat. BankDistrict Court, D. Wyoming · 1935
- Budris v. Consolidation Coal Co.District Court, E.D. New York · 1918
- Pine Hill Coal Co. v. GusickiCourt of Appeals for the Second Circuit · 1919
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