Hugev
Hugev v. Dampskisaktieselskabet International
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…