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PANAMA R. CO. V. VASQUEZ, 271 U. S. 557 (1926)

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U.S. Supreme Court

Panama R. Co. v. Vasquez, 271 U.S. 557 (1926)

Panama R. Co. v. Vasquez

No. 260

Argued January 13, 1926

Decided June 7, 1926

271 U.S. 557

Syllabus

1. The clause in Jud.Code, §§ 24, 256 relating to causes arising under the maritime law and " saving to suitors in all cases the right to a common law remedy where the common law is competent to give it" is not limited to rights recognized by the maritime law as existing in 1789 when the clause was first adopted, but includes rights brought into that law by subsequent legislation, if of a kind to be readily enforced in actions in personam in the course of the common law. P. 271 U. S. 560.

2. State courts have jurisdiction concurrently with federal courts in actions brought by seamen under § 20 of the Seamen's Act, as amended by the Merchant Marine Act of 1920, to recover damages for personal injuries. P. 271 U. S. 561.

3. In providing that "[j]urisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located," the Act regulates venue, and does not deal with jurisdiction as between state and federal courts. Id.

239 N.Y. 590 affirmed. chanroblesvirtualawlibrary

Page 271 U. S. 558

Certiorari to a judgment of the Supreme Court of New York, entered on affirmance by the court of appeals, awarding damages against the railroad company in an action for negligence resulting in the death of plaintiff's intestate while employed as a seaman on defendant's ship. chanroblesvirtualawlibrary

Page 271 U. S. 559





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