Johnson v. Mississippi Valley Barge Line Co.

ROSENBERG, District Judge.

The defendant filed a “Motion to Dismiss or for Summary Judgment”. The defendant claims that the cause of action as averred in the plaintiff’s complaint has already been litigated and determined in this court at Civil Actions Nos. 60-842 and 60-704.

In the complaint it is alleged that the plaintiff was a seaman employed by the defendant upon either its M. V. Cincinnati or M. V. Indiana with their accompanying tow of barges; that he was •caused to fall or to be thrown into the bottom of one of the barges causing injuries to his ribs, both knees, head, back, neck,…