John Yandell v. Transocean Air Lines, a Corporation

This proceeding arises from the filing of a complaint on September 16, 1953, in the United States District Court for the Northern District of California, claiming damages for assault and battery. There it was alleged that on or about July 31, 1952, on Wake Island, a possession of the United States, Yandell and Martin Sorenson, who is an employee of Transocean, became involved in an altercation and the latter assaulted Yandell.

Transocean filed an answer containing a denial of most of the allegations of the complaint and the affirmative defense that the suit of Yandell was barred by laches and statute of limitations. Self defense was also pleaded.

The matter was set for trial. At the beginning of the trial, the cause was transferred from the civil to the admiralty side of the court. Transocean then moved for judgment on the pleadings on the ground that the action was barred by the statute of limitations. This motion was taken under advisement and ruling reserved.

The trial seems to have consumed some time, but the record thereof was not brought before this Court.

It was unnecessary to decide jurisdictional questions for the reason that the action must be dismissed whether tried…