Rodriguez

Rodriguez v. Union Oil Co.

Good Law
121 F. Supp. 824·1954 U.S. Dist. LEXIS 3487
United States District Court, Southern District of CaliforniaMay 28, 1954Civ. No. 16790California2,209 words

Opinion

lead Opinion

Mathes, J.

This cause having been removed to this court pursuant to 28 U.S.C. §§ 1441 (a), (b), 1446, from the Superior Court of the State of California, in and for the County of Los Angeles, upon the petition of defendants Union Oil Company of California, the City of Los Angeles and Sylvester P. DiRocco, and it appearing to the court:

(1) that plaintiff commenced this action in the State Court to recover damages for personal injuries alleged to have been sustained as a proximate consequence of a tort of maritime nature, namely, the alleged negligence of all the defendants, claimed to have been committed aboard vessels plying navigable waters of Los Angeles Harbor, at a time *826 when plaintiff was a “paid passenger” on one of the vessels. See: Pope & Talbot, Inc. v. Hawn, 1953, 346 U.S. 406 , 74 S.Ct. 202 ; Caldarola v. Eckert, 1947, 332 U.S. 155, 157 , 67 S.Ct. 1569 , 91 L.Ed. 1968 ; Gonsalves v. Morse Dry Dock & Repair Co., 1924, 266 U.S. 171, 172 , 45 S.Ct. 39 , 69 L.Ed. 228 ; Atlantic Transport Co. of West Virginia v. Imbrovek, 1914, 234 U.S. 52, 60-62 , 34 S.Ct. 733 , 58 L.Ed. 1208 ; Jansson v. Swedish American Line, 1 Cir., 1950, 185 F.2d 212, 216-218 , 30 A.L.R.2d 1385 ;

(2) that…

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