Legal Opinion
Streeter v. Great Lakes Transit Corp.
District Court, W.D. New York
Decided December 23, 1942No. 1188PublishedCited by 5 opinions
1Opinion of the Court
KNIGHT, District Judge.
Defendant moves to dismiss the complaint on the ground that the Statute of Limitation has run against the plaintiff’s right of action.
The plaintiff was allegedly injured on November 3, 1939. Suit was commenced October 27, 1942. Federal Employers’ Liability Act as amended August 11, 1939, Chapt. 685, § 2, 52 Stat. 1404, 45 U.S.C.A. § 56, extends the period of limitation from two to three years. The Merchant Marine Act, 46 U.S.C.A. § 688 (Jones Act) does not fix any time limit. It does, however, provide that in an action under it “All statutes of the United States…
2Cases cited5 opinions
- Brown v. C. D. Mallory & Co.Court of Appeals for the Third Circuit · 1941
- 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
- Kirby v. South Atlantic S. S. Co.District Court, D. Delaware · 1938
3Cited by5 opinions
- McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958
- Kakara v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Oroz v. American President Lines, Ltd.District Court, S.D. New York · 1957
- Royle v. Standard Fruit & Steamship Co.New York Supreme Court · 1944
- McAllister v. Magnolia Petroleum Co.Supreme Court of the United States · 1958