Hugev

Hugev v. Dampskisaktieselskabet International

Good Law
170 F. Supp. 601·1959 U.S. Dist. LEXIS 3766
United States District Court, Southern District of CaliforniaJanuary 21, 1959Civ. 20340California5,464 words

Opinion

Opinion

Mathes, J.

Plaintiff commenced this action in the State court under the “saving to suitors” clause [ 28 U.S.C. § 1333 (1)] to recover damages for personal injuries alleged to-have been sustained on April 19, 1955, as a proximate consequence of unseaworthiness and negligence, while plaintiff was working as a longshoreman engaged in discharging cargo from defendant’s M S Castleville docked in navigable-waters at the Port of Los Angeles. Pope & Talbot v. Hawn, 1953, 346 U.S. 406, 409, 411, 419 , 74 S.Ct. 202 , 98 L.Ed. 143 ;. Williams v. Tidewater Associated Oil Co., 9 Cir., 1955, 227 F.2d 791 , certiorari denied, 1956, 350 U.S. 960 , 76 S.Ct. 348 , 100 L.Ed. 834 .

Defendant shipowner, a Norwegian, corporation, filed a timely petition for removal of the case, upon the ground of diversity of citizenship, to the law side of this court. 28 U.S.C. § 1442 ;. Hill v. United Fruit Co., D.C.S.D.Cal.1957, 149 F.Supp. 470, 472 .

Following removal, the shipowner filed' a third-party complaint against Metropolitan Stevedoring Company, a California corporation, as third-party defendant, alleging inter alia: (1) that at the time and place of any injury to plaintiff, third-party defendant was engaged, in…

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