Henderson v. Cargill, Inc.

WELSH, District Judge.

Plaintiff brought this action against the defendant to recover damages for personal injuries allegedly caused by the negligence of the defendant and the unseaworthy condition of defendant’s vessel which was involved in the alleged accident.

In support of its motion to dismiss the action two reasons are assigned by the defendant: (1) The two-year statute of limitations applicable to personal injury cases in Pennsylvania bars the instant action, since the cause of action arose on August 13, 1950 and the action was commenced on August 17, 1953, and (2) Assuming arguendo said…