Mobil Oil Corp. v. Higginbotham, 436 U.S. 618 (1978)

Mobil Oil Corp. v. Higginbotham


No. 76-1726


Argued January 10, 11, 1978
Decided June 5, 1978
436 U.S. 618

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

In an action for wrongful death on the high seas, the measure of damages is governed by the Death on the High Seas Act, 46 U.S.C. § 762, which limits a decedent’s survivors’ recovery to their "pecuniary loss," and hence the survivors are not entitled to recover additional damages under general maritime law for "loss of society." Pp. 620-626.

545 F.2d 422, reversed and remanded.

STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, POWELL, and REHNQUIST, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which BLACKMUN, J., joined, post, p. 626. BRENNAN, J., took no part in the consideration or decision of the case.