Legal Opinion
Port v. Litolff
Court of Appeals for the Fifth Circuit
Decided April 18, 1939No. 9023PublishedCited by 5 opinions
1Opinion of the Court
FOSTER, Circuit Judge.
Appellant, a seaman, brought this suit at law to recover damages for personal injuries, incurred while a member of the crew of a vessel. After a hearing at which no evidence was taken, the District Court sustained a plea of limitation and dismissed it. It appears from the record the suit was filed on December 7, 1937. It is not suggested it was filed in bad faith. The petition alleged the accident resulting in injuries to plaintiff occurred on December 7, 1935, and prayed for citation. Citation and summons were issued by the Clerk the day the suit was filed. It is not…
2Cases cited5 opinions
- Engel v. DavenportSupreme Court of the United States · 1926
- Atlantic Coast Line Railroad v. BurnetteSupreme Court of the United States · 1915
- Bates Manufacturing Co. v. United StatesSupreme Court of the United States · 1938
- Equitable Life Assur. Soc. of US v. SchwartzCourt of Appeals for the Fifth Circuit · 1930
- United States v. AdamsCourt of Appeals for the Fifth Circuit · 1937
3Cited by5 opinions
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. DeckertCourt of Appeals for the Third Circuit · 1941
- United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
- Milton v. United StatesCourt of Appeals for the Fifth Circuit · 1939
- Batkiewicz v. Seas Shipping Co., Inc.District Court, S.D. New York · 1944
- Irons v. Michigan-Atlantic Corp.Appellate Division of the Supreme Court of the State of New York · 1951