United States v. Jumelia M. Devane, as Administratrix of the Estate of James Frank Devane, Deceased

GRIFFIN B. BELL, Circuit Judge.

This appeal is from a judgment entered against the government on a suit brought under the Federal Tort Claims Act1 and the Death on the High Seas Act2 to recover for the death of the captain of a fishing vessel, the Virginia May, which sunk in a storm off the west coast of Florida. The captain, James Frank DeVane, died five days thereafter while on a life raft.

As in United States v. Gavagan, 5 Cir., 1960, 280 F.2d 319, Cert.Den., 364 U.S. 933, 81 S.Ct. 379, 5 L.Ed.2d 365, we are concerned with death allegedly resulting from the manner in which the unsuccessful…