Cruz Negron v. Peninsular Navigation Corp.

On or about November 19, 1958 appellant, a seaman, allegedly sustained injuries aboard the S. S. Valley Forge, a vessel owned by appellee. On March 23, 1959 appellant commenced an action against appellee in the Southern District of New York. Appellee served a notice to take appellant’s deposition, the notice being returnable on July 1, 1959 at 2:30 P.M. On that date appellant failed to appear. On September 8, 1959 appellee moved, pursuant to Rule .37(d) of the Federal Rules of Civil Procedure, to dismiss the complaint because of the nonappearance. In opposition to the motion appellant’s…