Citation Numbers: 48 F.2d 655
Judges: Coxe
Filed Date: 5/7/1930
Status: Precedential
Modified Date: 7/23/2022
This complaint is not only technically insufficient in failing to allege facts showing that a death action may be maintained by the administratrix, The La Bourgogne, 210 U. S. 95, 138, 28 S. Ct. 664, 52 L. Ed. 973, but also is probably fatally defective in that under the maritime law the master has no action against the owners of the vessel for damages for willful assault committed on the high seas by members of the crew. Cain v. Alpha S. S. Corp. (C. C. A.) 35 F.(2d) 717, 1929 A. M. C. 1484; certiorari granted December 2, 1929, 280 U. S. 549, 50 S. Ct. 86. 74 L. Ed. 607, 1929 A. M. C. 1788 ;
The motion to dismiss is therefore granted; and although it is doubted whether the defects in the complaint can be cured, the plaintiff may have twenty days within which to amend.
For opinion on merits, see 281 U. S. 642, 50 S. Ct. 443, 74 L. Ed. 1086.