Cox v. Roth
| Decision Date | 10 January 1955 |
| Docket Number | No. 40,40 |
| Citation | 99 L.Ed. 260,75 S.Ct. 242,348 U.S. 207,1955 AMC 942 |
| Parties | Bessie B. COX and John G. Thompson, as Administrators of the Estate of Sid Cox, Deceased, et al., Petitioners, v. Arthur ROTH, as Administrator of the Estate of James Dean, Deceased |
| Court | U.S. Supreme Court |
Mr.
Douglas D. Batchelor, Miami, Fla., for petitioners.
Mr. Jacob Rassner, New York City, for respondent.
The main question presented in this case is whether an action under the Jones Act survives the death of the tortfeasor. In Nordquist v. United States Trust Co., 188 F.2d 776, the Court of Appeals for the Second Circuit answered this question in the affirmative. In the instant case the Court of Appeals for the Fifth Circuit answered it in the negative, but allowed recovery on the basis of state law, 210 F.2d 76. We granted certiorari in order to resolve this conflict. 347 U.S. 1009, 74 S.Ct. 864.
Jim Dean was employed as a seaman on the M. V. Wingate, owned and operated by Captain H. C. Farrington and Sid Cox, citizens of the United States and residents of Florida. The Wingate sailed on or about December 22, 1949, from Matanzas, Cuba, and while on the high seas foundered and was lost. Captain Farrington's body was washed ashore on the Cuban coast, but no trace was found of Dean or the vessel. Sid Cox died in January 1951 of causes bearing no relation to the disaster.
In October 1952, the respondent, as the administrator of the estate of Jim Dean, brought this action against the petitioners in the United States District Court for the Southern District of Florida. The complaint, brought under the Jones Act, 41 Stat. 1007, 46 U.S.C. § 688, 46 U.S.C.A. § 688, alleged that Dean was a member of the crew of the Wingate and had lost his life through the negligence of its owners. The petitioners Cox and Thompson are the administrators of the estate of Sid Cox, while Henrietta and Howard Farrington are the distributees of H. C. Farrington. The estates of Cox and Farrington had been probated and that of Farrington closed before this action was filed. Respondent filed no notice of claim in either estate proceeding within the 8-month period required by § 733.16 of the Florida statutes, F.S.A.
The primary difficulty in this case stems from the fact that Congress, in passing the Jones Act, did not specifically enumerate the rights of seamen, but merely extended to them the same rights granted to railway employees by the Federal Employers' Liability Act. While the latter Act contained no clause specifically providing for the survival of actions against deceased tortfeasors, it did provide that the claim of the employee could be prosecuted against 'the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier.' 35 Stat. 66, 45 U.S.C. § 57, 45 U.S.C.A. § 57. Since railroads are rarely, if ever owned by individuals, and since they are subject to various regulations which prevent their discontinuing business, a clause permitting suit against the personal representative of the individual owner of a railroad was unnecessary. See 41 Stat. 477, 49 U.S.C. § 1(18), 49 U.S.C.A. § 1(18). Congress fully provided for the corporate analogues of death when it provided that suit might continue against the receiver or successor corporation of the railroad. But where seamen covered by the Jones Act work aboard vessels owned by individuals, literal application of the words of the F.E.L.A. would result in the denial of recovery against the personal representative of the tortfeasor. This, we feel, would frustrate the congressional purpose of 'the benefit and protection of seamen who are peculiarly the wards of admiralty.' The Arizona v. Anelich, 298 U.S. 110, 123, 56 S.Ct. 707, 711, 80 L.Ed. 1075. The Jones Act, in proving that a seaman should have the same right of action as would a railroad employee,...
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