Crawford

Crawford v. East Asiatic Company

Good Law
156 F. Supp. 571·1957 U.S. Dist. LEXIS 2826
United States District Court, Northern District of CaliforniaNovember 25, 195727521California1,280 words

Opinion

Opinion

Carter, J.

William Crawford, a longshoreman, and his wife, both California citizens, initiated this action in the California Superior Court for injuries sustained by the husband while working aboard the vessel S.S. Morelia, then docked at the Port of Stockton, California, for the unloading of its cargo. Complaining of both negligence and unseaworthiness, the plaintiffs named these parties as defendants: East Asiatic Company, Inc., alleged to be a California coi-poration and the operator of the vessel; The East Asiatic Company, Ltd., alleged to be a Danish corporation and the owner of the vessel; and three fictitious defendants, whose citizenship does not appear.

East Asiatic Company, Inc., the California corporation, removed the action to the admiralty side of this Court, and the plaintiffs filed a motion to remand.

There is but one problem: does the removal statute, 28 U.S.C. § 1441 , authorize the removal of this action into the district court. Section 1441, excepting subdivision (c) which is not involved here, provides as follows:

The original jurisdiction required by subdivision (a) is present by virtue of 28 U.S.C. § 1333 (1), which gives the district courts exclusive original…

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