Legal Opinion

Stalker v. Southeastern Oil Delaware, Inc.

District Court, D. Delaware

Decided February 16, 1951No. Civ. A. No. 1339PublishedCited by 9 opinions

1Opinion of the Court

RODNEY, District Judge.

This is a motion to dismiss a complaint filed under the Jones Act,1 in which complaint a jury trial is demanded. The present motion involves the following facts.

On April 6, 1949, the plaintiff, alleging that he was a seaman injured as a result of the negligence of the defendant or its agents, filed his complaint in admiralty under the Jones Act seeking to recover under that Act for his injuries, and also seeking to recover for his maintenance and cure.. In that case an answer was made and other steps taken and the case is now at issue. By reason of being an action in…

2Cases cited5 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. Pacific Steamship Co. v. PetersonSupreme Court of the United States · 1928
  3. McCarthy v. American Eastern CorporationCourt of Appeals for the Third Circuit · 1949
  4. The SapphireSupreme Court of the United States · 1874
  5. Kuhlman v. W. & A. FLETCHER CO.Court of Appeals for the Third Circuit · 1927

3Cited by9 opinions

  1. Corden E. Yates v. Rodney H. Dann, Ruby M. Dann and R. H. Dann Towing and Lighterage CompanyCourt of Appeals for the Third Circuit · 1955
  2. Vance W. Williams v. Tide Water Associated Oil Company, a CorporationCourt of Appeals for the Ninth Circuit · 1956
  3. Fraser v. Astra Steamship Corp.District Court, S.D. New York · 1955
  4. Local Union No. 59 of the Sheet Metal Workers International Ass'n v. J. E. Workman, Inc.District Court, D. Delaware · 1972
  5. Hugney v. Consolidation Coal Co.District Court, W.D. Pennsylvania · 1973

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