Riley v. Southern Transportation Co.

IRVING R. KAUFMAN, District Judge.

Plaintiff, in its complaint in this action filed June 17, 1949, alleges two causes of action, the first under the Jones Act, 46 U. S.C.A. § 688, and the second for war risk insurance for loss of life and personal effects. Defendant moves for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., upon the following grounds:(a) That plaintiff’s first cause of action for the wrongful death of her seaman intestate is barred by the three year limitation provision of the Federal Employers' Liability Act, 45 U.S.C.A. § 56, as…