Merlino v. United States

WEINFELD, District Judge.

This is a suit by Vittoria Merlino for personal injuries sustained while a passenger on the SS Marine Perch, and by her husband, Rocco Merlino, for loss of services. The Government excepts to the libel on the ground that it “fails to allege necessary jurisdictional facts required by Section 745 of Title 46 U.S.C.A.”

A prior action was brought by the libel-ants upon the same claims against American Export Lines, Inc., the general agent of the vessel, in reliance upon the holding in Hust v. Moore-McCormack Lines, 328 U.S. 707, 66 S.Ct. 1218, 90 L.Ed. 1534, that the…