Legal Opinion
Royle v. Standard Fruit & Steamship Co.
New York Supreme Court
Decided August 17, 1944PublishedCited by 4 opinions
1Opinion of the CourtCuff, J.
This motion is by plaintiff to strike out (1) the second affirmative defense and (2) the setoff and counterclaim pleaded by defendants. This kind of suit is commonly referred to as an “action brought under the Jones Act ”. It was not instituted until more than two years but less than three following the accident. The second affirmative defense, alleging that the limit of time to bring such suit is two years, would bar it. Plaintiff contends that the period is three years. That question of law will be considered first.
On April 22,1908, the Federal Employers’ Liability Act (U. S. Code, tit. 45,…
2Cases cited7 opinions
- Hassett v. WelchSupreme Court of the United States · 1938
- The Arizona v. AnelichSupreme Court of the United States · 1936
- Brown v. C. D. Mallory & Co.District Court, E.D. Pennsylvania · 1940
- Gahling v. Colabee S. S. Co.District Court, E.D. Pennsylvania · 1941
- Chisholm v. Cherokee-Seminole S. S. Corp.District Court, S.D. New York · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- 2525 East Avenue, Inc. v. Town of BrightonNew York Supreme Court · 1962
- Royle v. Standard Fruit & Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Bartoletti v. KushnerCourt of Appeals of Georgia · 1976
- Bartoletti v. KushnerCourt of Appeals of Georgia · 1976