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Thornes v. Socony-Vacuum Oil Co.

Thornes v. Socony Vacuum Oil Co.

Thornes v. Socony-Vacuum Oil Co., 37 F. Supp. 616 (S.D.N.Y. 1940)
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Subsequent history: aff'd sub nom. Seas Shipping Co. v. Sieracki, 328 U.S. 85 (1946). (read from the later opinion; check before relying)

Court
District Court, S.D. New York · Federal District Courts
Decided
November 28, 1940
Judges
Mandelbaum
Citations
37 F. Supp. 6161940 U.S. Dist. LEXIS 2122

Opinion — Mandelbaum

MANDELBAUM, District Judge.

Defendant has moved for an order, pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. followii.¿ section 723c, dismissing the complaint herein on the ground that the court is without jurisdiction of the subject matter.

The action is for maintenance and cure brought by a seaman on the law side of the court, based on the seaman’s' contract of employment and the General Maritime Law. Neither negligence nor unseaworthiness are pleaded in the complaint. Defendant contends that plaintiff’s sole remedy is in admiralty.

It is undoubtedly true that this suit must be brought in admiralty unless it comes within the purview of the “saving clause” of Section 9 of the Judiciary Act of 1789, 28 U.S.C.A. § 41 (3), which preserves “to suitors in all cases the right of a common-law remedy where the common law is competent to give it.” In New York an action in personam arising out of a maritime contract could be prosecuted in the state courts. Kennedy v. Cunard Steamship Company, 197 App.Div. 459 , 189 N.Y.S. 402 . As a general proposition rights arising out of maritime contracts are thus enforceable at law as well as in admiralty. 1 Corpus Juris, pp. 1253, 1254, § 24, 2 C.J.S., Admiralty, § 8.

The right of an injured seaman to recover for maintenance and cure springs essentially from the contract of employment (Ottinger v. Walling et al., 335 Pa. 77 , 5 A.2d 801 ; Mannie Smith v. Lykes Brothers-Ripley Steamship Co., Inc., 5 Cir., 105 F.2d 604 ), as does the obligation of wages. Harden v. Gordon, 2 Mason, 541 , 11 Fed.Cas. 480, No. 6,047; Pacific S. S. Co. v. Peterson, 278 U.S. 130 , 49 S.Ct. 75 , 73 L.Ed. 220 . In the case of Garcia Leon v. Galceran, 11 Wall. 185 , 20 L.Ed. 74 , it was held that a suit for wages could be maintained at law. A contention that a right to wages flows from the contract of employment but a right to maintenance and cure does not, seems rather tenuous.

I conclude that the plaintiff herein is entitled to a jury trial of the issue of maintenance and cure. Skolar v. Lehigh Valley R. R. Co.

1

Motion denied.

1

No opinion for publication.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1942: 11946: 31962: 11978: 12013: 119422026peak 1946 · 3

Relies on it most ⓘ

  1. Seas Shipping Co. v. Sieracki328 U.S. 85 (1946)
  2. Lindquist v. Dilkes127 F.2d 21 (3d Cir. 1942)
  3. German v. Carnegie-Illinois Steel Corporation156 F.2d 977 (3d Cir. 1946)
  4. J. E. Haddock, Ltd. v. Pillsbury155 F.2d 820 (9th Cir. 1946)
  5. Light v. Schmidt269 N.W.2d 304 (Mich. Ct. App. 1978)
  6. BDG International, Inc. v. Bowers2013 COA 52, 303 P.3d 140

Most recent

  1. BDG International, Inc. v. Bowers2013 COA 52, 303 P.3d 140
  2. Light v. Schmidt269 N.W.2d 304 (Mich. Ct. App. 1978)
  3. Fitzgerald v. United States Lines Co.306 F.2d 461 (2d Cir. 1962)
  4. German v. Carnegie-Illinois Steel Corporation156 F.2d 977 (3d Cir. 1946)
  5. Seas Shipping Co. v. Sieracki328 U.S. 85 (1946)
  6. J. E. Haddock, Ltd. v. Pillsbury155 F.2d 820 (9th Cir. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Pac. S.S. Co. v. Peterson, 278 U.S. 130 (1928) 182
Leon v. Galceran, 78 U.S. (11 Wall.) 185 (1871) 104
Kennedy v. Cunard S.S. Co., 197 A.D. 459 (1921) 18
Ottinger v. Walling, 5 A.2d 801 (Pa. 1939) 5
Harden v. Gordon, 11 F. Cas. 480 (1823) 139
Smith v. Lykes Bros.-Ripley S. S. Co., 105 F.2d 604 (5th Cir. 1939) 51

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