Legal Opinion
La Fontaine v. The G. M. McAllister
District Court, S.D. New York
Decided December 17, 1951PublishedCited by 7 opinions
1Opinion of the Court
WEINFELD, District Judge.
Libelant in a prior action at law instituted under the Jones Act, 46 U.S.C.A. § 688, recovered a verdict against respondent (there the defendant) for injuries suffered on April 2nd, 1947. No' cause of action for maintenance and cure was pleaded, nor was the jury charged as to maintenance and cure.1
*828Libelant now brings this separate suit on the admiralty side to recover maintenance and cure arising o>ut of the same events. Respondent moves to dismiss the libel upon the ground that the damages claimed were adjudicated in the prior action.
A judgment on the merits bars a…
2Cases cited18 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Panama Railroad v. JohnsonSupreme Court of the United States · 1924
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1960
- Wunderlich v. Netherlands Insurance Co.District Court, S.D. New York · 1954
- Desmond v. United StatesDistrict Court, S.D. New York · 1952
- Claudio v. Sinclair Refining Co.District Court, E.D. New York · 1958
- Fitzgerald v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1962
2 more not listed; retrieve them via the Exa API.