D'Allesandro v. United Marine Contracting Corp.

COOPER, Acting District Judge.

The defendant Shipping Board moved at the opening of the trial to dismiss the complaint as to this defendant, because it showed on its face, when the date of the alleged injury was correctly stated by plaintiff’s counsel, that the alleged injuries were received December 4, 1924, and, as this defendant was not made a party until two years and four months thereafter, the action was barred by the two-year statute of limitations incorporated into the Merchant Marine Act, called the Jones Act (41 Stat. 988), by section 33 thereof (46 USCA § 688). The court intimated…