Pickles v. F. Leyland & Co.
| Decision Date | 29 December 1925 |
| Docket Number | No. 2625.,2625. |
| Citation | 10 F.2d 371 |
| Parties | PICKLES v. F. LEYLAND & CO., Limited, et al. |
| Court | U.S. District Court — District of Massachusetts |
Walter A. Dane, of Boston, Mass., for libelant.
Stephen R. Jones, of Boston, Mass. (Blodgett, Jones, Burnham & Bingham, of Boston, Mass., on the brief), for respondent F. Leyland & Co., Limited.
Thomas Hunt, of Boston Mass., for respondent Armour & Co.
William T. Snow, of Boston, Mass. (Gaston, Snow, Saltonstall & Hunt, of Boston, Mass., on the brief), for respondent Armour & Co.
This was a libel brought by the widow of a man employed as a cattle tender on the steamship Winifredian, a British ship. While helping to hoist bales of hay, he fell into the hold, receiving injuries from which he died some hours later. The accident happened on the high seas, eight miles east of Boston Lightship. The deceased was carried back to Boston, and died on shore. The suit was not brought by the personal representative of the deceased, as required by the act of Congress hereinafter referred to. It is specifically alleged in the libel that no administrator had been appointed, but this point was not taken at the trial.
The libelant seeks to recover either from Armour & Co., by whom it is alleged that the deceased was employed, or from Leyland & Co., the owners of the Winifredian.
It is contended that there can be no recovery in this case, as the death occurred on land, and this court has no jurisdiction. The Plymouth, 3 Wall. 20, 18 L. Ed. 125. The contention is sound, unless the cause of action arose at the time of the accident. In the absence of a statute, there is no recovery in the admiralty courts of the United States for death on the high seas. Western Fuel Co. v. Garcia, 257 U. S. 233, 42 S. Ct. 89, 66 L. Ed. 210, and cases cited; The Devona (D. C.) 1 F.(2d) 482.
There are three statutes which might be applicable to the case at bar — the statute of Massachusetts, Lord Campbell's Act, and the Act of Congress of March 30, 1920. The Massachusetts statute does not cover this case. The Sagamore, 247 F. 743, 159 C. C. A. 601.
Lord Campbell's Act might perhaps apply. See Rainey v. N. Y. & Pac. S. S. Co., 216 F. 449, 132 C. C. A. 509, L. R. A. 1916A, 1149. But the suit was not brought within one year, as required by that act. St. 9 & 10 Vict. c. 93, § 3.
The Act of Congress of March 30, 1920, c. 111, 41 Stat. 537 (U. S. Comp. St. Ann. Supp. 1923, § 1251½ et seq.), gives a right of action which arises at the moment when death takes place. Hughes, Death Actions in Admiralty, 31 Yale Law Journal, p. 115 et seq., at page 120.
There is no survival of a right belonging to the deceased, as there is under some statutes. Mich. Cent. R. Co. v. Vreeland, 227 U. S. 59, 67, 33 S. Ct. 192, 57 L. Ed. 417, Ann. Cas. 1914C, 176; Carolina Ry. v. Shewalter, 128 Tenn. 363, 161 S. W. 1136, L. R. A. 1916C, 964, Ann. Cas. 1915C, 605. It is true that under section 5 of the act (U. S. Comp. St. Ann. Supp. 1923, § 1251½d) a suit survives which is brought by an injured person who dies after its commencement. This survival, however, is not...
To continue reading
Request your trial
-
Services, Inc v. Gaudet 8212 1019
...relative against the vessel, person, or corporation which would have been liable if death had not ensued.' 5. But see Pickles v. F. Leyland & Co., 10 F.2d 371 (Mass.1925). Pickles holds that if the death occurs on land, the High Seas Act is not applicable, even though the injuries ultimatel......
-
Petition of Gulf Oil Corporation
...Section 762, however, does not permit recovery for the decedent's pain and suffering. See text at note 11 supra; Pickles v. F. Leyland & Co., D.C.D.Mass. 1925, 10 F.2d 371, 372. "A suit in rem against a vessel for personal injuries sustained in a collision does not abate by the death of the......
-
Abbott v. United States
...F.Supp. at 916 n. 28. There is little discussion in the authorities as to the meaning and purpose of section 765. In Pickles v. F. Leyland & Co., 10 F.2d 371 (D.Mass.1925) the court, in dictum, said that under this section "a suit survives which is brought by an injured person who dies afte......
-
Decker v. Moore-McCormack Lines
...D.C., 84 F.Supp. 775. If reduced to an action at law before death occurs, then such action might survive. See Pickles v. F. Leyland & Co., D.C., 10 F.2d 371. The Death on the High Seas Act, 46 U.S.C.A., § 761 et seq., on which the libellants rely, certainly does not provide such a right. It......