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

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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

Syllabus

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





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