[Download] "Smith v. United States." by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Smith v. United States.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 24, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The appeal is from a decree dismissing a libel for personal injuries sustained while appellant was a member of the crew of the steamship Youngstown. The case was originally brought at law and tried to a jury whose verdict was in appellants favor for $2000. The judgment was set aside on the decision in Johnson v. U.S. Shipping Board Emergency Fleet Corporation, 280 U.S. 320, 50 S. Ct. 118, 74 L. Ed. 451, that, where the United States is the owner of the vessel, the right of recovery under the Suits in Admiralty Act, 46 U.S.C.A., chapter 20, § 741 et seq., is exclusive. Thereafter, a suit under said act was dismissed on a plea of limitations. The act having been amended June 30, 1932, 46 U.S.C.A. § 745, the present suit was brought, and, on a hearing on the merits, the libel was dismissed. Smith v. United States, D.C., 20 F.Supp. 993.

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