Legal Opinion

Smith v. Moore-McCormack Lines, Inc.

District Court, S.D. New York

Decided October 18, 1962PublishedCited by 4 opinions

1Opinion of the Court

TYLER, District Judge.

This is an action brought pursuant to the Jones Act and general maritime law for injuries sustained as the result of an assault by a fellow crew-member. Defendant moves under Rule 14(a), F.R.Civ.P., 28 U.S.C.A., to join the alleged assailant, who is no longer in its employ, as third-party defendant.. Plaintiff opposes the motion upon the generally asserted grounds that the alleged assailant is impecunious, that impleading him can serve only to delay the trial, presently set down as No. 1037 on the Trial Calendar, and that such impleader is sought in order to “pressure”…

2Cases cited4 opinions

  1. Goodhart v. United States Lines Co.District Court, S.D. New York · 1960
  2. Thompson v. American Export Lines, Inc.District Court, S.D. New York · 1953
  3. Rodriguez v. United States Lines Co.District Court, S.D. New York · 1960
  4. Codrington v. United States Lines CompanyDistrict Court, S.D. New York · 1958

3Cited by4 opinions

  1. State Mutual Life Assurance Co. of America v. Peat, Marwick, Mitchell & Co.District Court, S.D. New York · 1969
  2. Lankford v. Ryder Truck Systems, Inc.District Court, D. South Carolina · 1967
  3. State Ex Rel. Rooks v. District Court of the Thirteenth Judicial DistrictMontana Supreme Court · 1969
  4. Sox v. Hertz Corp.District Court, D. South Carolina · 1967

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