Pope v. Moore-McCormack Lines, Inc.

The declaration in this action of tort and contract contains five counts. A demurrer was sustained to count 5, and the other four counts were disposed of after trial by jury. Count 5 was brought under the Death on the High *753Seas Act, 46 U. S. C. §§ 761 et seq. (1964), and the ground of demurrer was that Federal Courts have exclusive jurisdiction of actions under that act. Boudreau v. Boat Andrea G. Corp. 350 Mass. 473, 475-476. We are now asked to overrule the Boudreau case as inconsistent with a dictum in a footnote in the subsequent opinion in Moragne v. States Marine Lines, Inc. 398 U. S…