Joseph Lynn v. American Barge Line Company, 226 F.2d 934, 3rd Cir. (1955)
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Scribd Government DocsJoseph Lynn v. American Barge Line Company, 226 F.2d 934, 3rd Cir. (1955)
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Scribd Government Docs226 F.
2d 934
Joseph LYNN
v.
AMERICAN BARGE LINE COMPANY.
Nos. 11628, 11629.
United States Court of Appeals Third Circuit.
Argued Nov. 4, 1955.
Decided Nov. 16, 1955.
Hymen Schlesinger, Pittsburgh, Pa., for appellant.
Clyde A. Armstrong, Pittsburgh, Pa. (Thorp, Reed & Armstrong,
Pittsburgh, Pa., on the brief), for appellee.
Before GOODRICH, STALEY and HASTIE, Circuit Judges.
PER CURIAM.
Joseph Lynn brought two actions in admiralty against American Barge Line
Company. They were dismissed by the district court for the Western District of
Pennsylvania on December 14, 1954. The reasons for the dismissal appear in
the court's orders in the two cases. In one it is recited that:
'* * * it appearing to the Court that, on several previous occasions, this action
has been set down for trial and has, upon motion of counsel for libellant, been
continued from time to time upon the representation that counsel for libellant
did not know the whereabouts and was unable to communicate with libellant;
and it further appearing to the Court that the only offer of proof of the
allegations of the complaint offered by libellant's counsel is a certain deposition
upon written examination taken by counsel for respondent only July 23, 1952,
and that the libellant has presented no further evidence, and particularly has not
presented by way of expert medical witnesses or otherwise any other evidence
of libellant's alleged injury and disability; and it further appearing to the Court
that counsel for respondent, at said hearing, called libellant for crossexamination and that libellant was not present in Court and did not submit
himself to said cross-examination;'
In the other it is recited that:
3
'* * * on May 5, 1954, respondent served upon counsel for libellant certain
interrogatories propounded and filed pursuant to Rule 31 of the Supreme Court
Rules governing Admiralty Proceedings (28 U.S.C.); that, in accordance with
the provisions of said Rule 31, the said interrogatories contained therein a
notice to libellant to make answer thereto, in writing, and under oath within
fifteen days from the date thereof; that said libellant has wholly failed to answer
said interrogatories or to file objections thereto, * * *'
The respondent made the appropriate motions to dismiss. The reasons for the
dismissal set out by the court are verified by an examination of the record in
the case.
