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BATH v. SARGENT LINE CORP.

166 F.Supp. 311 (1958)

Dorothy W. BATH, general administratrix of the estate of William H. Bath, deceased, and Dorothy W. Bath, administratrix ad prosequendum of the estate of William H. Bath, deceased, Plaintiff, v. SARGENT LINE CORP., Defendant.

United States District Court S. D. New York.

September 26, 1958.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J., Jack Steinman, New York City, for plaintiff. Milton Garber, Hoboken, N. J., of counsel.

Pyne, Brush, Smith & Michelsen, New York City, for defendant. Albert Robin, Hempstead, N. Y., of counsel.

DIMOCK, District Judge.

Plaintiff sues under three counts to recover $200,000 for the death of her intestate, a seaman alleged to have lost his life in the service of defendant's barge. The second and third counts allege diversity of citizenship and that the tort was committed within New Jersey. Negligence and unseaworthiness are charged in each of the three counts under substantially identical language except that the first cites the Jones Act, section 33 of the...

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