Legal Opinion
Kirby v. South Atlantic S. S. Co.
District Court, D. Delaware
Decided November 22, 1938No. 1496PublishedCited by 7 opinions
1Opinion of the Court
NIELDS, District Judge.
Libel in personam under the Merchant Marine Act to recover damages for a personal injury sustained February 29, 1936.
The right of action accrued to libelant under the Merchant Marine Act, 46 U.S.C. A. § 688, against his employer, South Atlantic Steamship Company of Delaware. February 26, 1938, three days before the two year limitation expired, libelant filed his libel. He commenced suit against “Atlantic Steamship Company”, not against his employer, South Atlantic Steamship Company of Delaware. Citation issued and the Marshal made return, “I was unable to locate the…
2Cases cited2 opinions
- Engel v. DavenportSupreme Court of the United States · 1926
- Flynn v. New York, New Haven, & Hartford RailroadSupreme Court of the United States · 1931
3Cited by7 opinions
- Brown v. C. D. Mallory & Co.District Court, E.D. Pennsylvania · 1940
- Oliver v. Calmar S. S. CoDistrict Court, E.D. Pennsylvania · 1940
- Claussen v. Mene Grande Oil Co., C. A.District Court, D. Delaware · 1958
- Pope v. McCrady Rodgers Co.Court of Appeals for the Third Circuit · 1947
- Streeter v. Great Lakes Transit Corp.District Court, W.D. New York · 1942
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