Nordquist v. United States Trust Co. Of New York

AUGUSTUS N. HAND, Circuit Judge.

Plaintiff’s intestate was drowned in June, 1947, while in the employ of one Clucas as a seaman aboard the latter’s yacht. Qucas died in February 1948, and plaintiff subsequently brought this action under the Jones Act, 46 U.S.C.A. § 688, against the executors of Clucas. The defendants’ motion to dismiss for failure to state a claim upon which relief might be founded was granted by Noonan, J., on the authority of our decision in The Miramar, D.C., 31 F.2d 767, affirmed without opinion 2 Cir., 36 F.2d 1021, certiorari denied 281 U.S. 752, 50 S.Ct. 355, 74 L.Ed.…