Legal Opinion · Dissent

Chambers v. Just

Court of Appeals for the Fifth Circuit

Decided June 21, 1940No. 9218Published

1DissentHutcheson, Circuit Judge

My only difference with my brothers is upon whether Yeiser’s death caused an abatement of the action in personam against him. Both by statute and by the common law of Florida,1 personal injury actions arising in that state do not abate. Congress has not chosen to enact any law relative to the survival of actions in personal injury cases arising on navigable waters of a state. The answer to the case is to be found in traditional principles of maritime law accepted from the English High Court of Admiralty by the federal courts under the constitutional grant of power, or in the common law, and…

2Cases cited30 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  3. The HarrisburgSupreme Court of the United States · 1886
  4. Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
  5. Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922

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