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Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Michigan Law Review
Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Michigan Law Review
The purpose of this comment is to examine the differing solutions and determine the vitality of the common law rule in wrongful death actions.