Cox v. Roth, 348 U.S. 207 (1955)

Cox v. Roth

No. 40

Argued November 16, 1954
Decided January 10, 1955
348 U.S. 207

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. An action under the Jones Act, 46 U.S.C. § 688, for damages for the death of a seaman employed on a vessel owned by individuals, survives the deaths of the tortfeasors. Pp. 207-210.

(a) Congress, having provided that railroad employees could recover under the Federal Employers’ Liability Act regardless of the "survival" of the tortfeasor railroad, and having granted seamen under the Jones Act the same rights granted to railroad employees under the Federal Employers’ Liability Act, intended that the death of the tortfeasor should not defeat recovery under the Jones Act. Pp. 208-209.

(b) The Jones Act, as welfare legislation, is entitled to a liberal construction to accomplish its beneficent purposes. P. 210.

2. The 3-year period of limitations applicable to actions under the Jones Act cannot be diminished by state statute. P. 210.

210 F.2d 76 affirmed.