Cornell Steamboat Co. v. Fallon

Citations

• 179 F. 293
• 102 C.C.A. 345
• 1909 U.S. App. LEXIS 5004

Syllabus

<p>1. Seamen (§ 29*) — Injury to Seaman — Extent of Recovery.</p> <p>A seaman, who is injured in the service of the vessel, may only recover for his wages and the expenses of maintenance and cure to the end of the voyage, or as long as he has a right to wages, whether he or the shipowners were negligent or not, except that, if the seaman’s injury is due to the personal negligence or default of the shipowners, he may recover full indemnity.</p> <p>[Ed. Note. — For other cases, see Seaman, Cent. Dig. §§ 386-194; Dec. Dig. § 29.*]</p> <p>2. Death (§ 85*) — Seamen—Action by Administratrix — Extent of Recovery.</p> <p>Where plaintiff, as administratrix, sued for the death of a seaman under Code Civ. I’roc. N. Y. § 1902, authorizing an action for wrongful death resulting from negligence, and decedent, had he lived, could have recovered in tort, the fact that he could not have recovered full indemnity did not preclude plaintiff, his administratrix, from recovering full compensation for the pecuniary injuries resulting to her from his death. '</p> <p>- [Ed. Note. — For other cases, see Death, Cent. Dig. § 111; Dec. Dig. § 85.*]</p> <p>3. Executors and Administrators (§ 29*) — Appointment—Collateral Attack-Appointment of Administrator — Bonds.</p> <p>Where decedent, a resident of New Jersey, died in New York county, and had property in New York, viz., a cause of action for wrongful death, the surrogate of New York county had jurisdiction to grant letters of administration, as provided by Code Civ. Proc. N. Y. 2476; and hence, there being no fraud or collusion alleged in obtaining such letters, the administratrix’s appointment could not be collaterally attacked, in an action brought by her for decedent’s wrongful death, because she was not required to give bond.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Cent. Dig. §§ 177-182; Dec. Dig. § 29.*]</p>