Branch v. Compagnie Generale Transatlantique

S.D. New York

Branch v. Compagnie Generale Transatlantique

11 F. Supp. 832, 1935 U.S. Dist. LEXIS 1474

CourtDistrict Court, S.D. New York

DecidedMay 22, 1935

StatusPublished

Cited by7 cases

This text of 11 F. Supp. 832 (Branch v. Compagnie Generale Transatlantique) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Branch v. Compagnie Generale Transatlantique, 11 F. Supp. 832, 1935 U.S. Dist. LEXIS 1474 (S.D.N.Y. 1935).

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Opinion

HULBERT, District Judge.

It seems to be well settled that a shipowner do.es his whole duty if he employs a duly qualified and competent surgeon and medical practitioner, and supplies him with all necessary and proper instruments, medicines, and medical comforts, and has him in readiness for such passengers as choose to employ him. The Great Northern (C. C. A.) 251 F. 826, quoting from O’Brien v. Cunard Steamship Co., 154 Mass. 272, 28 N. E. 266, 13 L. R. A. 329. The Korea Maru (C. C. A.) 254 F. 397, can be distinguished for in that case the patients were steerage passengers for whom special provision is made by law. 46 USCA § 155. The pleading to which the motion is addressed is badly phrased and does not establish a cause of action. Motion granted, but with leave to amend within ten days if plaintiff chooses to do so.

Settle order on notice.

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HULBERT, District Judge.

It seems to be well settled that a shipowner do.es his whole duty if he employs a duly qualified and competent surgeon and medical practitioner, and supplies him with all necessary and proper instruments, medicines, and medical comforts, and has him in readiness for such passengers as choose to employ him. The Great Northern (C. C. A.) 251 F. 826, quoting from O’Brien v. Cunard Steamship Co., 154 Mass. 272, 28 N. E. 266, 13 L. R. A. 329. The Korea Maru (C. C. A.) 254 F. 397, can be distinguished for in that case the patients were steerage passengers for whom special provision is made by law. 46 USCA § 155. The pleading to which the motion is addressed is badly phrased and does not establish a cause of action. Motion granted, but with leave to amend within ten days if plaintiff chooses to do so.

Settle order on notice.

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Bluebook (online)

11 F. Supp. 832, 1935 U.S. Dist. LEXIS 1474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branch-v-compagnie-generale-transatlantique-nysd-1935.

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