US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

VAN BEECK V. SABINE TOWING CO., INC., 300 U. S. 342 (1937)

Subscribe to Cases that cite 300 U. S. 342 RSS feed for this section

U.S. Supreme Court

Van Beeck v. Sabine Towing Co., Inc., 300 U.S. 342 (1937)

Van Beeck v. Sabine Towing Co., Inc.

No. 460

Argued February 5, 8, 1937

Decided March 1, 1937

300 U.S. 342


1. The cause of action provided by the Merchant Marine Act, 46 U.S.C. 688, in connection with the Employers' Liability Act, 45 U.S.C. 51, on behalf of survivors or dependents of a seaman who has suffered death by reason of his employer's negligence, is not to be confused with any cause of action that may have accrued to the seaman himself between the time of his injury and the time of his death, but is a new cause of action, enforceable by his personal representative for the beneficiary in which the recovery is limited to the pecuniary loss sustained by the beneficiary, through the death, as contrasted with the personal loss and suffering sustained by the decedent before his death. Pp. 300 U. S. 344, 300 U. S. 346.

2. A suit brought under the Merchant Marine Act, 46 U.S.C. 688, and the Employers' Liability Act, 45 U.S.C. 51, by the administrator of a deceased mariner to compensate decedent's mother for loss caused to her by his instantaneous death through his employer's negligence does not abate at her death, but may be continued by the administrator of his estate (or by the administrator de bonis non if she was the administrator) for the recovery of her pecuniary loss up to the moment of her death, the damages, when collected, to be paid to her estate. Chicago, B. & Q. R. Co. v. Wells-Dickey Trust Co., 275 U. S. 161, distinguished. P. 300 U. S. 347.

3. This case is not affected by statutes which regulate the continuance of a proceeding in a court of the United States by the substitution of the executor or administrator of a party dying while the suit is pending. 28 U.S.C. 778. P. 300 U. S. 350.

85 F.2d 478 reversed.

Certiorari, 299 U.S. 535, to review the affirmance of a judgment dismissing an action by the administrator of a deceased seaman to recover for the loss sustained by the decedent's mother on account of his death. chanroblesvirtualawlibrary

Page 300 U. S. 343

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™