Western Fuel Co. v. Garcia, 257 U.S. 233 (1921)

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Western Fuel Co. v. Garcia

No. 28

Argued March 18, 1921
Restored to docket for reargument and writ of certiorari ordered
to issue to bring up entire record and cause, March 21, 1921
Reargued October 7, 10, 1921
Decided December 5, 1921
257 U.S. 233

CERTIFICATE FROM AND CERTIORARI TO THE

CIRCUIT COURT OF APPEAL FOR THE NINTH CIRCUIT

Syllabus

1. No suit to recover damages for the death of a human being caused by negligence may be maintained in the admiralty courts of the United States under the general maritime law. P. 240.

2. But where death upon navigable waters follows from a maritime tort committed on navigable waters within a state whose statutes give a right of action on account of death by wrongful act, the admiralty courts will entertain a libel in personam for the damages sustained by those to whom such right is given. P. 242.

3. The state statutes of limitation are applicable to such proceedings in the federal courts. So held in a case where the injury and death occurred within the state where the libel was brought and whose statutes creating the cause of action and providing a limitation were applied. P. 242.

Judgment of district court reversed.

Certiorari to review a case pending in the circuit court of appeals on appeal from the district court in admiralty.