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Admiralty

Michigan Law Review

1933

Deaths

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Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence Apr 1933

Torts-Duty To Seamen-Jones Act-Personal Injury And Negligence

Michigan Law Review

Plaintiff, personal representative of a seaman who was said to have died as a result of his employer's failure to provide proper medical attention at sea, sued the defendant-employer for the seaman's death. Judgment for the plaintiff having been reversed in the Circuit Court of Appeals on the ground that any cause of action abated with the death of the sailor, the case was brought before the Supreme Court of the United States on a writ of certiorari. Held that, under the Jones Act (Merchant Marine Act), the cause of action survived to the personal representative. Cortes v. Baltimore Insular …