Legal Opinion · Dissent

Smith v. Lykes Brothers-Ripley S. S. Co.

Court of Appeals for the Fifth Circuit

Decided July 15, 1939No. 9112Published

1DissentHutcheson, Circuit Judge

The case is, I think, a very simple one, and it may be simply disposed of. Plaintiff, in his original action for damages, set out that he had been damaged in the sum of $20,000 itemized as follows: “Pain and suffering, $1,0,000; loss of past earnings, $45.00; loss of future earnings, $9,955.00.” The conclusion of the original petition declared: Petitioner alleges that this action is brought pursuant to Section 33 of the Merchant Marine Act of 1920, 46 U.S.» C.A. § 688, and petitioner hereby elects to maintain this action for damages at law with the right of a trial by jury, and to take…

2Cases cited4 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. Seely v. City of New YorkCourt of Appeals for the Second Circuit · 1928
  3. Haugen v. Oceanic Fisheries Co.District Court, W.D. Washington · 1937
  4. Owens v. Hammond Lumber Co.District Court, N.D. California · 1934

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