117 Misc. 703 | N.Y. Sup. Ct. | 1922
The defendant, United 'States Shipping Board Emergency Fleet Corporation, appears specially herein for the purpose of moving to dismiss the complaint on the ground that this court has not jurisdiction of the subject matter.
The action is to recover damages for injuries sustained by the plaintiff, a seaman, in the course of his employment, upon a vessel alleged to be owned or leased, or operated and controlled by the defendant. The complaint aHeges that the injuries were occasioned by the negEgence of the defendant and its officers and other seamen in the control and operation of the vessel and in failing to maintain the vessel and its appEances in a safe and seaworthy condition. The action is brought under the act of June 5, 1920. Barnes Federal Code, Hupp. of 1921, § 7568. This act provides that a seaman who has suffered personal injury in the course of his employment may, at his election, maintain an action at law for damages and 'that in such action “ all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply; ” and that “ Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.” Prior to this act, it had been decided that members of the crew of a vessel, except perhaps the master, were fellow servants and that a seaman, suing for a maritime tort or' injury, arising from the negEgence of the master or any member of the crew, was not entitled to recover an indemnity or consequential damages but only his
Motion granted.