Legal Opinion
Rutledge v. Sinclair Refining Co.
District Court, S.D. New York
Decided February 16, 1953PublishedCited by 9 opinions
1Opinion of the Court
WEINFELD, District Judge.
This is an action brought by the administratrix of decedent’s estate under the Jones Act for wrongful death. The deceased was last seen on board his ship on October 18th, 1949. A search on October 19th failed to disclose his whereabouts. Three years thereafter, October 19th, 1952, fell on a Sunday. This action was commenced the next day, Monday, October 20th, 1952. The defendant pleads affirmatively that the suit is time barred under 45 U.S.C.A. § 56, which contains a three-year limitation and is incorporated by reference in the Jones Act.1 Plaintiff moves to strike…
2Cases cited9 opinions
- Union National Bank v. LambSupreme Court of the United States · 1949
- Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1946
- Simon v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- Casalduc v. DiazCourt of Appeals for the First Circuit · 1941
- Wilkes v. United StatesCourt of Appeals for the Fifth Circuit · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Holodnak v. AVCO CORP., AVCO-LYCOMING D., STRATFORD, CONN.District Court, D. Connecticut · 1974
- Estelle M. KANE, Plaintiff-Appellant, v. DOUGLAS, ELLIMAN, HOLLYDAY & IVES, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1980
- Rodriguez v. United StatesDistrict Court, D. Puerto Rico · 1974
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Peninsula Shipbuilders AssociationCourt of Appeals for the Fourth Circuit · 1967
- Paynter v. Chesapeake & Ohio RailwayDistrict Court, W.D. Virginia · 1973
4 more not listed; retrieve them via the Exa API.