No. 5.
August 1, 1920, petitioner was an unemployed seaman. The steamship Jacksonville, then lying in the port of Jacksonville, Florida, was a merchant vessel owned by the United States and operated for it by the Fleet Corporation. On that day, petitioner went aboard to seek employment, and, when returning to the shore, fell from the gangplank and suffered serious injuries. This is an action at law, brought by him in April, 1923, against the Fleet Corporation in the Supreme Court of New York to recover damages for such injuries. The complaint alleges that, due to the negligence of the defendant's officers and employees, the gangplank was insecure, and that plaintiff's injuries were caused thereby. The defendant removed the case to the United States District Court for the Eastern District of New York. Its answer denies the negligence charged in the complaint and alleges that plaintiff was guilty of contributory negligence; that, whatever his rights, plaintiff's remedy is provided exclusively by the Suits in Admiralty Act, approved March 9, 1920, 41 Stat. 525 (46 USCA § 741 et seq.), and that his claim is barred because, as appears by the complaint, the action was not commenced within the two years prescribed by that act. The District Court submitted the case to a jury, and charged that, if guilty of contributory negligence, plaintiff could not recover. There was a verdict for defendant, and the judgment thereon was affirmed by the Circuit Court of Appeals. 24 F. (2d) 963.
No. 32.
March 6, 1926, the steamship Coelleda was a merchant vessel owned by the United States and operated for it by the Navigation Company as agent, pursuant to an agreement made by the United States, acting through the Shipping Board represented by the Fleet Corporation. Merchant Marine Act 1920, §§ 12, 35, 41 Stat. 993, 1007 (46 USCA §§ 871, 886). Respondent was a seaman employed thereon. This is an action at law, brought by him in the United States District Court, Southern District of New York, against the Fleet Corporation and the Navigation Company, to recover damages for injuries alleged to have been sustained by him while in that service. The complaint alleges two causes of action: (1) That, due to the negligent failure of defendants to furnish him a safe place in which to work, plaintiff was severely injured; and (2) that, being injured and in need of medical treatment and rent, he was refused such treatment by the master and officers of the ship, and was compelled to continue to work. The answer of each defendant denies the negligence and wrongful acts charged in the complaint, and alleges that, whatever his rights, plaintiff's remedy is provided exclusively by the Suits in Admiralty Act, and that therefore this action cannot be maintained. The trial court dismissed the first cause of action, and, after denying defendants' motion that a verdict in their favor be directed, submitted the second to a jury. There was a verdict for plaintiff, and the judgment entered thereon was affirmed by the Circuit Court of Appeals. 28 F.(2d) 1014.
No. 56.
The United States owned, and, through the Shipping Board and West India Steamship Company as agent, operated, the merchant vessel Cerosco. In February, 1920, at Sagua La Grande, Cuba, sugar was delivered to the vessel for transportation to New York and delivery there in accordance with bills of lading issued by the master. The vessel arrived in New York in the month following, but because some of the sugar was lost and some was damaged on the voyage, she failed to make delivery as agreed. January 5, 1924, this action was brought by petitioner in the District Court for the Southern District of New York against the United States, under the Tucker Act-Judicial Code, § 24(20), 28 USCA § 41(20)-to recover damages, less than $10,000, for failure to perform the contracts evidenced by the bills of lading. The trial court gave judgment for the defendant. The Circuit Court of Appeals, being of opinion that the limitations perscribed by the Suits in Admiralty Act governed, held that the action was too late and affirmed the judgment. 30 F.(2d) 254.
No. 123.