Sarah A. O'leary, Administratrix v. United States Lines Company

The opinion of the court acknowledges that the Courts of Appeals for the Second, Third, and Sixth Circuits have held that one who seeks to recover under a state death statute for a tort occurring on the navigable waters of the state may do so only in accordance with the substantive law of the state in which the tort was committed. The Court of Appeals for the Fourth Circuit has, likewise, so held in Continental Casualty Co. v. The Benny Skou, 4 Cir., 1952, 200 F.2d 246 certiorari denied 1953, 345 U.S. 992. The court’s opinion indicates these cases are no longer of weight because of a…