Opinion
April 22, 1941.
Peter T. Kourides, of New York City, for plaintiff.
Dorsey, Adams Walker, of New York City, for defendant.
In Admiralty. Action by Nathan G. Sachs, administrator of the estate of Peter Diamant, deceased, against Italia Societa Anonima Di Navigazione, as owner, operator, manager and controller of Steamship Vulcania, for the death of plaintiff's intestate. On exceptions to the second amended libel.
Decision in accordance with opinion.
MEMO endorsed on exceptions to second amended libel.
Exceptions to the original libel were sustained because no cause of action was set up.
The first amended libel fell short of alleging a cause of action under Sec. 4 of "The Death On the High Seas Act", 46 U.S.C.A. § 764, but upon the unusual allegations, rather inartistically drafted, I held that on the face of the allegations a cause of action was set forth under section 1, 46 U.S.C.A. § 761.
I feel now that that conclusion was wrong and, since the libelant has sufficiently pleaded the law of Italy to bring the cause of action within the provisions of Section 4, I will reverse my prior determination as to Section 1.