Armida Aldridge v. States Marine Corporation of Delaware, a Corporation

After a decision in this case on March 16, 1959, a petition for rehearing was filed by appellee. The earlier opinion is withdrawn and the present one substituted therefor. Rehearing is denied.

Appellant, plaintiff below, brought this action as the widow and heir of William J. Aldridge, a longshoreman who died as the result of injuries he received while working as an employee of a stevedoring company in loading the S.S. Lone Star State, a ship owned and operated by the defendant corporation while the vessel was at berth at San Francisco. The action was brought in the Superior Court for the City and County of San Francisco, but removed to the court below on the petition of defendant on the ground of diversity of citizenship of the parties. Upon motion of defendant, plaintiff’s amended complaint was dismissed. Leave to file a second amended complaint was denied. Plaintiff then appealed here.

The sole question is the sufficiency of the complaint to state a claim. After argument and submission of the appeal here, the parties forwarded to the court additional citations. Upon noting that certiorari had been granted by the Supreme Court in one of those cases, and that other eases…