Legal Opinion
Curry v. P. D. Marchessini, Inc.
District Court, S.D. New York
Decided June 8, 1967No. 64 Civ. 663PublishedCited by 2 opinions
1Opinion of the Court
McLEAN, District Judge.
This is an action by the administratrix of a longshoreman who resided in Georgia to recover damages for his death which occurred, allegedly because of the unseaworthiness of defendant’s vessel and cargo, while he was loading the vessel in Savannah, Georgia. Jurisdiction is based on diversity of citizenship.
Defendant moves pursuant to Rule 12(c) for judgment on the pleadings on two grounds: (1) that the action is barred by the two-year Georgia statute of limitations; (2) that the Georgia wrongful death statute does not encompass an action for death caused by…
2Cases cited6 opinions
- Western Fuel Co. v. GarciaSupreme Court of the United States · 1921
- The Tungus v. SkovgaardSupreme Court of the United States · 1959
- Atlantic, Valdosta & Western Railroad v. McDildaSupreme Court of Georgia · 1906
- Miller v. RackleySupreme Court of Georgia · 1945
- Chapman v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Raskin v. P. D. Marchessini, Inc.Court of Appeals for the Second Circuit · 1971
- Sidney L. Raskin, of the Estate of Margaret Curry, Deceased v. P. D. Marchessini, Inc., P. D. Marchessini & Co., Ltd., (Also Operating as P. D. Marchessini & Co., New York, Inc.), and Third-Party v. Atlantic Stevedoring Co., Inc., Third-Party and Liberty Mutual Insurance Company, Applicant for IntervenorCourt of Appeals for the Second Circuit · 1971