Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-Appellee

JOHN R. BROWN, Chief Judge, with whom KRAVITCH, Circuit Judge, joins,

dissenting:

Today a majority of this Court destroys the possibility of recovery in a wrongful death suit for loss of society under the Jones Act for the death of a seaman in territorial waters. In so doing, the Court drains Moragne and Gaudet of their vitality and makes much ado of Higginbotham’s silence. The end result is a decision contrary to all humanitarian instincts continuously reflected in the admiralty, with the possible exception of The Harrisburg1 which took 85 years to scuttle.

I

The general maritime law was devoid…