Taylor

Taylor v. Navigazione Libera Triestina

Good Law
95 F.2d 907·1938 A.M.C. 669·1938 U.S. App. LEXIS 4796
United States Court of Appeals for the Ninth CircuitApril 1, 1938No. 8582California2,854 words

Opinion

Lead Opinion

Garrecht, J.

This action was brought by the plaintiff, a longshoreman, appellant here, under the Longshoremen’s and Harhorworkers’ Compensation Act §§ 1, 13, 33, 33 U.S. C.A. §§ 901, 913, 933, to recover damages for injuries sustained by him while working on and about a steamship owned’by appellee.

The action was commenced July 1, 1935.

The second amended complaint alleged that defendant, appellee here, was a foreign corporation, organized and existing under the laws of the Kingdom of Italy; *908 that said defendant was residing therein and was a non-resident of the State of California, and until July 1, 1935, remained out of the State of California and did not have a legal existence in said State; “in that behalf plaintiff alleges that said defendant was transacting therein foreign and intrastate business”; that said defendant did not file a copy of its articles of incorporation, or a statement of the location of its principal office in California, or a designation of the name and address of a state agent for service of process, as provided by section 405 of the Civil Code of California, as amended by St.Cal. 1933, p. 1416.

It was further alleged, “That at all of the times herein mentioned…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.