Legal Opinion
Evelyn McAfoos and William Neff v. The Canadian Pacific Steamships, Ltd., and the Canadian Pacific Railway Co.
Court of Appeals for the Second Circuit
Decided April 2, 1957No. 116, Docket 24278PublishedCited by 33 opinions
1Opinion of the Court
CLARK, Chief Judge.
This is an appeal from a decision, D.C. S.D.N.Y., 143 F.Supp. 73, dismissing an action under the Jones Act, 46 U.S.C. § 688, on the ground that there was already-pending an earlier instituted libel in admiralty for the same recovery. On this appeal the parties also have presented the issue as one of “election” between a civil action “at law” and a suit in admiralty, although this conceals the more fundamental question of the manner and time in which jury trial is waived.
Plaintiff McAfoos, who was employed as a magician’s assistant aboard the vessel “Empress of Scotland,”…
2Cases cited27 opinions
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Engel v. DavenportSupreme Court of the United States · 1926
- Desper v. Starved Rock Ferry Co.Supreme Court of the United States · 1952
- Doucette v. VincentCourt of Appeals for the First Circuit · 1952
22 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
- Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1959
- Edwin Kerr v. Compagnie De Ultramar and Transmar Corp.Court of Appeals for the Second Circuit · 1958
- Harris J. Doucet v. Wheless Drilling CompanyCourt of Appeals for the Fifth Circuit · 1972
- Jenkins v. RoderickDistrict Court, D. Massachusetts · 1957
28 more not listed; retrieve them via the Exa API.