Legal Opinion

Ballard v. Moore-McCormack Lines, Inc.

District Court, S.D. New York

Decided May 24, 1968No. 66 CIV 118PublishedCited by 10 opinions

1Opinion of the Court

OPINION

MOTLEY, District Judge.

This is an action at law by a seaman seeking to recover damages for the alleged negligence of defendant, a ship owner, and for the alleged unseaworthiness of its vessel. Plaintiff predicated jurisdiction in this court on “the Admiralty Law as modified by the Jones Act.”

At the commencement of the trial, defendant moved to dismiss the action for the reason that the total damages sought to be recovered does not exceed the jurisdictional amount of $10,000 (exclusive of interest and costs) required by 28 U.S.C. § 1331(a). 1 Plaintiff opposed the motion on two grounds:…

2Cases cited40 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  3. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  4. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  5. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916

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3Cited by10 opinions

  1. Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
  2. Joseph W. Hales v. Winn-Dixie Stores, Inc.Court of Appeals for the Fourth Circuit · 1974
  3. Melvin A. Marshall v. District of Columbia Government (Three Cases)Court of Appeals for the D.C. Circuit · 1977
  4. Green v. RossDistrict Court, S.D. Florida · 1972
  5. Hebert v. Diamond M. Co.Louisiana Court of Appeal · 1978

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