The plaintiff above named complaining of the defendants through her attorney, Edward Rager Akselrad, for her amended complaint herein, alleges as follows: 56 FIRST: That pursuant to an order of the Surrogate's Court of New York County bearing the date of December 22nd, 1931, the plaintiff, Rosa Sanchez, was duly appointed administratrix, nunc pro tunc, as of the 1st day of April, 1930, of the goods, chattels and credits of Francisco Sanchez, deceased, and that the plaintiff duly qualified as such administratrix and now continues to act as such. SECOND: Upon information and belief that the defendant W. R. Grace & Company is a foreign corporation, duly organized and existing under and by virtue of the Laws of the State of Connecticut, having an office and place of business in the Borough of Manhattan, City and State of New York. THIRD: Upon information and belief that the defendant Grace Steamship Company is a foreign corporation, duly organized and existing under and by virtue of the Laws of the State of Delaware, having an office and place of business in Amended Complaint. 58 the Borough of Manhattan, City and State of New York. FOURTH: Upon information and belief that the defendant W. R. Grace & Company at and during all the times hereinafter mentioned owned a certain vessel known as the steamship “Charcas." FIFTH: Upon information and belief that the defendant Grace Steamship Company at and dur ing all the times hereinafter mentioned owned a 59 certain vessel known as the steamship “Charcas." SIXTH: Upon information and belief that the defendant W. R. Grace & Company at and during all the times hereinafter mentioned managed and controlled a certain vessel known as the steamship “Charcas." SEVENTH: Upon information and belief that the defendant Grace Steamship Company at and during all the times hereinafter mentioned managed and controlled a certain vessel known as the steamship “Charcas.” 60 EIGHTH: Upon information and belief that at all times hereinafter mentioned the said vessel was flying the American Flag and was registered at the Port of New York by the defendants. NINTH: Upon information and belief that at and during all the times hereinafter mentioned, Francisco Sanchez was employed by the defendants aboard the aforementioned steamship, having signed regular merchant shipping articles for a voyage on board the said vessel. Amended Complaint. 61 TENTH: Upon information and belief that on or about the 29th day of October, 1929, at about 8.30 A. M. while the said steamship “Charcas" was upon the high seas, Francisco Sanchez was ordered to work on the #4 midship boom of the said steamship, and while in the performance of said duties and exercising due care and caution, he was suddenly caused to fall to the deck below, sustaining serious and severe injuries, which resulted in his death. ELEVENTH: Upon information and belief that (2 the said injuries and death were caused in whole or in part by the negligent acts of omission or commission of the defendants, their agents, officers and employees; by reason of the negligence of the defendants, their agents, officers and employees in failing to provide the decedent with a safe and proper place in which to work; in failing to promulgate proper rules and regulations for the conduct of said work and the safety of the decedent and/or failing to enforce said rules; in failing to maintain the said vessel and its appliances in a safe, proper and seaworthy 63 condition; by reason of the negligence of the defendants, their agents, officers and employees in carelessly and negligently ordering the decedent to perform the aforementioned duties; in failing to warn him of danger. TWELFTH: Upon information and belief that Francisco Sanchez left him surviving as his sole and only heir and next of kin this plaintiff, his sister, who was solely and wholly dependent upon the said Francisco Sanchez for her support and Amended Complaint. 64 to whose support and maintenance the said Francisco Sanchez contributed, and that by reason of the matters before set forth she has been deprived of said support, all to her damage in the sum of $25,000.00. THIRTEENTH: That said claim is made under the provisions and by virtue of the Laws of the United States and more particularly under Section 33 of the Merchant Marine Act of June 5th, 1920 (46 U. S. C. A. #688), known as the Jones Act amendatory to Section 20 of the Sea65 man's Act of 1915, and under the favorable pro visions of the various Acts of Congress relating to the rights of railroad employees when they sustain death while engaged in interstate commerce. . WHEREFORE plaintiff demands judgment against defendants in the sum of $25,000.00, together with the costs and disbursements of this action. CO EDWARD RAGER AKSELRAD, City of New York. (Verified December 24, 1931, by Rosa Sanchez as plaintiff.) Answer of Defendant Grace Steamship Company to Amended Complaint. 67 SUPREME COURT, NEW YORK COUNTY. [SAME TITLE.] Grace Steamship Company, one of the defendants herein, answering the amended complaint, by Kirlin, Campbell, Hickox, Keating & McGrann, its attorneys, alleges upon information and belief as follows: 68 FIRST: It denies that it has any know ge or information sufficient to form a belief thereof as to each and every allegation contained in paragraph numbered First of the amended complaint. SECOND: It admits that the defendant W. R. Grace & Co. is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Connecticut. 09 THIRD: It admits that Grace Steamship Company is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Delaware. FOURTH: It denies each and every allegation contained in paragraph numbered Fourth of the amended complaint. FIFTH: It admits the allegations contained in paragraph numbered Fifth of the amended complaint. |