Crescitelli v. United States

KIRKPATRICK, District Judge.

This suit in admiralty is for damages resulting from an accident which caused the death of the libellant’s son while serving as a seaman on a vessel owned by the United States. The basis of the suit is negligence and the libel avers that it “is brought under the Suits in Admiralty Act [46 U.S.C.A. § 741 et seq.] * * * and pursuant to applicable provisions of Section 33 of the Merchant Marine Act of 1920” (Jones Act), 46 U.S.C.A. § 688.

The libel was filed more than two years, but less than three years, after the accident and death. The question raised by this motion…