Fayette

Plaintiff has filed a complaint, seeking damages for injuries under the Jones Act, 46 U.S.C.A. § 688 , and general Maritime Law (Unseaworthiness) alleging that at the time of the accident he was employed by the American Pacific Steamship Co., Inc., on the vessel U.S.N.S. Escambia. Plaintiff alleges that the vessel was managed, navigated, operated and maintained by the defendant; upon information and belief that said vessel was a merchant vessel of the United States; and that the vessel is one of United States registry. There is no allegation that the owner of the vessel is an American citizen. It is suggested and it is probably true that the vessel is a United States Naval ship, which would follow from the initials “U.S.N.S.” but there is no direct allegation of this in the complaint. As the complaint stands, the allegations are that it is a merchant vessel, without any showing as to whether or not it is owned by a citizen of the United States.

The defendant moves to dismiss upon the ground that there is no allegation that the vessel belongs to a citizen of the United States, and relies upon § 713 of Title 46 U.S.C.A.

§ 713, Title 46 U.S.C.A., reads as follows:

*544 The short…