Legal Opinion
Brambir v. Cunard White Star Limited
District Court, S.D. New York
Decided December 19, 1940PublishedCited by 4 opinions
1Opinion of the Court
MANDELBAUM, District Judge.
Defendant has moved under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order dismissing the complaint on the ground that the facts • alleged in the complaint are insufficient to constitute a cause of action against defendant.
The gravamen of the complaint is an alleged unlawful interference with and violation of the plaintiff’s right to accord her deceased husband a decent burial. Briefly summarized, the complaint alleges that William Brambir, the plaintiff’s husband, sailed from Liverpool June 29th, 1940, bound…
2Cases cited4 opinions
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Kanavan's CaseSupreme Judicial Court of Maine · 1821
- Peerrot v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Floyd, Maria E., Individually and as Personal Representative of the Estate of Floyd, James H., Deceased v. Lykes Bros. Steamship Co., IncCourt of Appeals for the Third Circuit · 1988
- Provisional Government of French Republic v. CabotDistrict Court, S.D. New York · 1945
- Tinsley v. DudleyCourt of Appeals of Tennessee · 1995
- Quilty v. United Fruit Co.District Court, S.D. New York · 1946