Arnold v. Luckenbach Steamship Co.

DIMOCK, District Judge.

Plaintiff, a seaman on S.S. Will Rogers, alleges injury from negligence of defendant Luckenbach Steamship Company, Inc., and seeks recovery citing the Jones Act. Defendant moves for summary judgment on the ground that the Jones Act authorizes suit only by an employee against an employer and that defendant Luckenbach was not plaintiff’s employer. Luckenbach was general agent of the United States under contract form G.A.A. 4-4-42. Under Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 69 S.Ct. 1317, 93 L.Ed. 1692, a seaman cannot sue under the Jones Act for injuries…