Johnson v. Panama R. Co.
District Court, E.D. New York
At La.w. Action by Andrew Johnson against the Panama Railroad Company. On plaintiff’s motion for judgment on pleadings and defendant’s demurrer to complaint.
1Opinion of the Court
GARVIN, District Judge.
This is a motion by plaintiff for judgment on the pleadings. Defendant has demurred to the complaint upon the ground that it does not show a cause of action within the jurisdiction of this court.
The complaint sets forth a cause of action for personal injuries under the Merchant Marine Act of June 5, 1920 (41 Stat. 1007, § 33), alleging that the parties hereto are citizens of the same state, but failing to allege that the defendant has its principal or any place of business within the Eastern district of New York. ' Section 33, supra, provides :
“That any seaman who shall…
2Cases cited5 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Leon v. GalceranSupreme Court of the United States · 1871
- Hornthall v. CollectorSupreme Court of the United States · 1870
- Ware-Kramer Tobacco Co. v. American Tobacco Co.U.S. Circuit Court for the District of Eastern North Carolina · 1910
3Cited by8 opinions
- Panama Railroad v. JohnsonSupreme Court of the United States · 1924
- Van Camp Sea Food Co. v. NordykeCourt of Appeals for the Ninth Circuit · 1944
- Brown v. C. D. Mallory & Co.District Court, E.D. Pennsylvania · 1940
- Kuhlman v. W. & A. FLETCHER CO.Court of Appeals for the Third Circuit · 1927
- Barrington v. Pacific S. S. Co.District Court, D. Oregon · 1922
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