Legal Opinion
Ferrigno v. Ocean Transport, Ltd.
District Court, S.D. New York
Decided October 21, 1960PublishedCited by 2 opinions
1Opinion of the Court
DIMOCK, District Judge.
Third party defendant has moved for an order, pursuant to Rule 12(b) F.R. Civ.P., transferring this action to the admiralty side of the court on the ground that the civil side lacks jurisdiction of the subject matter.
Plaintiff is suing for personal injuries which he allegedly sustained while employed as a longshoreman aboard defendant’s vessel. He alleges theories of recovery cast in terms of negligence and unseaworthiness and demands a jury trial. Defendant impleaded plaintiff’s employer, a New York corporation, as third party defendant, on claims sounding in.…
2Cases cited16 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1959
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mazzella v. Pan Oceanica A/S PanamaDistrict Court, S.D. New York · 1964
- Chok v. S & W Berisford, PLCDistrict Court, S.D. New York · 1985