American Motorists Ins. ex rel. Smith v. Manhattan Lighterage Corp.

COXE, District Judge.

This is a motion by the defendant for an order dismissing the complaint and granting judgment in its favor on the ground that the cause of action alleged is barred by the three-year Statute of Limitations.

The complaint alleges that Michael Smith, Jr., the use plaintiff, was an employee of the Union Stevedoring Corporation, which was engaged in loading and stowing eargo aboard the boat “Jack Leach,” owned by the defendant; that Smith, while so engaged on November 27, 1942, was injured as the result of the negligence of the defendant in failing to provide safe and proper…