Johnson v. North Atlantic & Gulf S. S. Co.

KIRKPATRICK, District Judge.

The respondents have moved that the Court decline jurisdiction and dismiss this libel in rem against the steamship “Lynghaug.”

The claim is for damages for personal injuries, and for maintenance and cure. Since the Jones Act, 46 U.S.C.A. § 688, is not applicable (Plamals v. The Pinar Del Rio, 277 U.S. 151, 48 S.Ct. 457, 72 L.Ed. 827) the count for damages must be grounded upon the general law of maritime tort, and there is an allegation of unseaworthiness of the vessel, which supports that theory of the cause of action.

I am of the opinion that the libel should be…