(Download) "Mcmahon v. United States." by United States Court Of Appeals Third Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Mcmahon v. United States.
- Author : United States Court Of Appeals Third Circuit.
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an appeal from a judgment of the United States District Court for the Eastern District of Pennsylvania dismissing a seamans suit in admiralty containing two counts. The first count set up a cause of action based on negligence and unseaworthiness while the second count sought maintenance and cure. The occurrences upon which both counts are predicated took place in November and December, 1945. The libel was filed January 22, 1948. The first count was dismissed except insofar as it asserted negligent failure to provide medical care and maintenance and the second count was dismissed except as to maintenance and cure claimed for the period of two years immediately preceding the filing of the libel. The suit was brought against the United States under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., pursuant to the Clarification Act, 50 U.S.C.A.Appendix, § 1291 et seq. The action of the district court was based upon its conclusion that suit upon the subject matter of the dismissed counts was barred by the two years limitation contained in the Suits in Admiralty Act. 91 F.Supp. 593.The correctness of that conclusion is the sole question presented on this appeal.
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