Laffoon v. Waterman Steamship Corp.

Full title: Clinton LAFFOON, Plaintiff, v. WATERMAN STEAMSHIP CORP., a corporation…

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

Date published: Nov 27, 1950

111 F. Supp. 960 (S.D.N.Y. 1950)

Opinion

November 27, 1950.

Nathan Baker, New York City, for plaintiff.

Gay Behrens, New York City, for defendant.

On motion to dismiss.

See also 101 F. Supp. 823.

NOONAN, District Judge.

Motion granted as to the first cause of action. Seaworthiness is peculiarly and exclusively the obligation of the owner of the vessel. Seas Shipping Co. v. Sieracki, 328 U.S. 85, 100, 66 S.Ct. 872, 90 L.Ed. 1099.

Motion denied as to the second cause of action. Cf. Weade v. Dichmann, Wright Pugh, Inc., 337 U.S. 801, 808, 809, 69 S.Ct. 1326, 93 L.Ed. 1704; Greer v. Cosmopolitan Shipping Co., 1949 A.M.C. 1825.