Cox v. Roth

The main question presented in this case is whether an action under the Jones Act survives the death of the tort-feasor. 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.

Jim Dean was employed as a seaman on the M. V. Wingate, owned and operated by Captain H. C. Farring-ton and…