Royle v. Standard Fruit & Steamship Co.

Appellate Division of the Supreme Court of New York

Royle v. Standard Fruit & Steamship Co.

269 A.D. 762, 54 N.Y.S.2d 778

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1945

StatusPublished

Cited by3 cases

This text of 269 A.D. 762 (Royle v. Standard Fruit & Steamship Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Royle v. Standard Fruit & Steamship Co., 269 A.D. 762, 54 N.Y.S.2d 778 (N.Y. Ct. App. 1945).

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Opinion

Action under the Jones Act (U. S. Code, tit. 46, § 688) to recover damages for personal injuries to a seaman, alleged to have been caused by negligence. Cross appeals from order dated September 19, 1944, granting plaintiff’s motion to strike from defendant Standard Fruit & Steamship Company’s amended answer the defense based on a two-year Statute of Limitations, and its setoff and counterclaim, as modified by order dated January 23, 1945, granting reargument and, on reargument, denying that part of the original motion which sought to strike out the defense of payment, described as “ set-off and counterclaim ”. Orders insofar as appealed from affirmed, without costs. It appears from the language of the Jones Act that the intention was to include amendments to the Employers’ Liability Act, such as that made by the act of August 11, 1939 (U. S. Code, tit. 45, § 56), increasing the period of limitation from two to three years. Close, P. J., Hagarty, Carswell, Adel and Lewis, JJ., concur. [184 Misc. 348.]

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Action under the Jones Act (U. S. Code, tit. 46, § 688) to recover damages for personal injuries to a seaman, alleged to have been caused by negligence. Cross appeals from order dated September 19, 1944, granting plaintiff’s motion to strike from defendant Standard Fruit & Steamship Company’s amended answer the defense based on a two-year Statute of Limitations, and its setoff and counterclaim, as modified by order dated January 23, 1945, granting reargument and, on reargument, denying that part of the original motion which sought to strike out the defense of payment, described as “ set-off and counterclaim ”. Orders insofar as appealed from affirmed, without costs. It appears from the language of the Jones Act that the intention was to include amendments to the Employers’ Liability Act, such as that made by the act of August 11, 1939 (U. S. Code, tit. 45, § 56), increasing the period of limitation from two to three years. Close, P. J., Hagarty, Carswell, Adel and Lewis, JJ., concur. [184 Misc. 348.]

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Bluebook (online)

269 A.D. 762, 54 N.Y.S.2d 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royle-v-standard-fruit-steamship-co-nyappdiv-1945.

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