Rosalie Laura Peace, Administratrix of the Estate of Thomas Malcolm Peace, Deceased v. Fidalgo Island Packing Company and George Johnson

JAMES M. CARTER, Circuit Judge:

Rosalie L. Peace, appellee, as the personal representative of the deceased fisherman-seaman, commenced an action in the district court claiming in one count, damages for negligence under the Jones Act, 46 U.S.C. § 688 and for unseaworthiness based on Death On The High Seas Act, 46 U.S.C. § 761, (hereafter DOHSA). Demand for a jury trial was endorsed on the complaint.

The question presented to the district court and here argued in the briefs, is whether appellee is entitled to a jury trial on both of the claims set forth in the complaint.

The district court so…