Graham v. Panama Canal Co.

CROWE, District Judge.

The Court overruled the defendant Panama Canal Company’s demurrer to the plaintiff’s original complaint because there was no allegation therein that the ship on which plaintiff was a passenger had transited the canal and a good cause of action was set forth in the complaint under the general laws of negligence and under the general waiver of sovereign immunity authorized by Congress in setting up the defendant as a corporation with power to “sue and be sued.”

The defendant, Panama Canal Company, in its answer thereafter set up in Paragraph V as a defense that the ship on…