117 F. Supp. 504 | S.D.N.Y. | 1953
On August 4, 1953, plaintiff commenced an action in the City Court of the City of New York, County of New York, by service of a summons on defendant The Jarka Corporation (Jarka). Thereafter, and on or prior to August 11, 1953, (the precise date is undisclosed in the motion papers) service of the City Court summons was effected upon the defendant Pacific-Atlantic Steamship Co. (P-A). The complaint, which accompanied each summons, stated a cause of action by plaintiff, a seaman employed as an oiler aboard the Elmer A. Sperry, a merchant vessel managed, operated and controlled by P-A, against said P-A and against Jarka, for injuries allegedly sustained while working upon one of the vessel’s winches, while same was being used by Jarka in performance of stevedoring work on the vessel. The complaint recites that the suit is brought under the Jones Act,
Before either . defendant appeared or answered in that suit, Jarka, alone, on August 11, 1953 removed the action to this court.
Plaintiff’s choice of forum should not have been disturbed,
The concurrent negligence of both defendants, pleaded by plaintiff, shows his claim to have been single.
The cause, having been improvidently removed to this court, plaintiff’s motion to remand it to the City Court of the City of New York, County of New York, is granted.
Settle order.
. 46 U.S.C.A. § 688.
. 28 U.S.C.A. § 1446.
. 28 U.S.C.A. § 1447.
. Moe v. Eagle Ocean Transp. Co., D.C. Tex, 91 F.Supp. 910.
. Pate v. Standard Dredging Corp., 5 Cir., 193 F.2d 498.
. 28 U.S.C.A. § 1441(c).
. Baker v. Texas Employers Ins. Ass’n, D.C.Tex., 109 F.Supp. 93.