From Casetext: Smarter Legal Research

Scott v. Panama Canal Company

United States District Court, S.D. New York
Nov 5, 1958
170 F. Supp. 737 (S.D.N.Y. 1958)

Summary

In Scott v. Panama Canal Co., 170 F. Supp. 737 (S.D.N.Y. 1958), this Court also dismissed a complaint seeking damages and maintenance and cure against this defendant on the ground now urged by defendant.

Summary of this case from Arrufat v. Panama Canal Co.

Opinion

November 5, 1958.

Sheldon Tabak, New York City, for plaintiff.

Arthur H. Christy, U.S. Atty., New York City, for defendant, Benjamin H. Berman, Atty. in Charge, New York Office, Admiralty and Shipping Section, Dept. of Justice, New York City, of counsel.


Memorandum and Order

At the opening of the trial of this cause, the defendant moved to dismiss on the ground that the Court lacks jurisdiction of the subject matter. Argument was heard and time was granted to submit briefs which have been received.

The plaintiff, a seaman, seeks damages and maintenance and cure for an injury to one of his fingers, while he was serving on the defendant's merchant vessel the SS Cristobal on September 24, 1952. The complaint alleges jurisdiction of the parties and subject matter under the Jones Act. At the time of the injury and for several years before, the defendant was "an agency and instrumentality of the United States," having become such by Act of June 29, 1948. The plaintiff was not employed through the War Shipping Administration. Accordingly, he was not covered by the "Clarification Act." At the time of his injury, therefore, the plaintiff was a civil employee of the United States, whose exclusive remedy is that provided by the Federal Employees' Compensation Act, 5 U.S.C.A. § 751 et seq.

46 U.S.C.A. § 688.

62 Stat. 1075, and Act of Sept. 26, 1950, 64 Stat. 1038.

50 U.S.C.A.Appendix, § 1291.

Johansen v. United States, 1952, 343 U.S. 427, 72 S.Ct. 849, 96 L.Ed. 1051; Patterson v. United States, Sullivan v. United States, Hays v. United States, Duncan v. United States, 2 Cir., 1958, 258 F.2d 702.

The motion is granted and it is

So ordered.


Summaries of

Scott v. Panama Canal Company

United States District Court, S.D. New York
Nov 5, 1958
170 F. Supp. 737 (S.D.N.Y. 1958)

In Scott v. Panama Canal Co., 170 F. Supp. 737 (S.D.N.Y. 1958), this Court also dismissed a complaint seeking damages and maintenance and cure against this defendant on the ground now urged by defendant.

Summary of this case from Arrufat v. Panama Canal Co.
Case details for

Scott v. Panama Canal Company

Case Details

Full title:Elmer C. SCOTT, Plaintiff, v. PANAMA CANAL COMPANY, Defendant

Court:United States District Court, S.D. New York

Date published: Nov 5, 1958

Citations

170 F. Supp. 737 (S.D.N.Y. 1958)

Citing Cases

Mills v. Panama Canal Company

In granting the right to sue it made such seamen ineligible under FECA. Plaintiff relies heavily on the…

Cordero v. Panama Canal Company

Indeed two of my brethren have taken contrary views. See Scott v. Panama Canal Company, D.C., 170 F. Supp.…