Lilly v. United States Lines Co.

KNOX, District Judge.

Motion by defendant shipowner, for summary judgment in its behalf, Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c, on two claims for relief, the first, asking indemnity for injuries sustained by plaintiff, a seaman, brought under the Jones Act, 46 U.S.C.A. § 688, and the second, for maintenance and cure.

The material facts are these: plaintiff, a waiter, on November 10, 1939, at Le Havre, France, not being on duty, went ashore in the late afternoon to exchange a pair of gloves previously purchased.

While in town he met a friend, went to his…