Darcy v. North Atlantic & Gulf S. S. Co.

FOLLMER, District Judge.

Plaintiff, a merchant seaman, brought this suit to recover damages from the defendant as operator of the S. S. Abner Nash, for personal injuries, false imprisonment, earned wages wrongfully withheld, and maintenance and cure, as a result of certain incidents which occurred on board the vessel in a foreign port in June, 1943. The complaint was filed and served on June 1, 1946, alleging, inter alia, in paragraph three thereof, that “at all the times hereinafter mentioned, defendant possessed, operated and controlled the S/S ‘Abner Nash’.” 1 On July 10, 1946, defendant…