Untersinger v. United States

S.D. New York

Untersinger v. United States

74 F. Supp. 155, 1947 U.S. Dist. LEXIS 2045

CourtDistrict Court, S.D. New York

DecidedJune 2, 1947

DocketNo. 140-342

StatusPublished

Cited by3 cases

This text of 74 F. Supp. 155 (Untersinger v. United States) 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

Untersinger v. United States, 74 F. Supp. 155, 1947 U.S. Dist. LEXIS 2045 (S.D.N.Y. 1947).

Pincite

Opinion

KNOX, District Judge.

Inasmuch as the infant on whose behalf •this suit was brought is a non-resident of this district, and since the merchant ship on which he was injured and which was owned by the United States, was not within this jurisdiction when suit was brought, the ■libel must he dismissed. Sawyer v. U. S., D.C., 66 F.Supp. 271; Abbott v. U. S., D. C., 61 F.Supp. 989. Respondent has not waived any right with respect either to venue or jurisdiction. It has insisted from the outset that this court is without authority to pass on the merits of libelant’s claim. Unfortunate as is the result, there is no alternative to a dismissal.

Free access — add to your briefcase to read the full text and ask questions with AI

KNOX, District Judge.

Inasmuch as the infant on whose behalf •this suit was brought is a non-resident of this district, and since the merchant ship on which he was injured and which was owned by the United States, was not within this jurisdiction when suit was brought, the ■libel must he dismissed. Sawyer v. U. S., D.C., 66 F.Supp. 271; Abbott v. U. S., D. C., 61 F.Supp. 989. Respondent has not waived any right with respect either to venue or jurisdiction. It has insisted from the outset that this court is without authority to pass on the merits of libelant’s claim. Unfortunate as is the result, there is no alternative to a dismissal.

Cite This Page — Counsel Stack

Bluebook (online)

74 F. Supp. 155, 1947 U.S. Dist. LEXIS 2045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/untersinger-v-united-states-nysd-1947.

Opinion

Related

Cite This Page — Counsel Stack