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SKOVGAARD v. THE M/V TUNGUS

Nos. 12,025, 12,031.

252 F.2d 14 (1957)

Olga SKOVGAARD, Administratrix ad Prosequendam of the Estate of Carl E. Skovgaard, Deceased, and Olga Skovgaard, Administratrix of the Estate of Carl E. Skovgaard, Deceased, Libellant-Appellant, v. THE Vessel M/V TUNGUS, Her Boilers, etc., and Den Norske Afrika-Og Australielinie, Wilhelmsens Dampskibsaktieselskab, et al., Respondents-Appellants (El Dorado Oil Works, Respondent-Impleaded-Appellee).

United States Court of Appeals Third Circuit.

Decided December 23, 1957.

Attorney(s) appearing for the Case

Nathan Baker, Bernard Chazen, Hoboken, N. J. (Baker, Garber & Chazen, Milton Garber, Hoboken, N. J., on the brief), for Olga Skovgaard.

J. Ward O'Neill, New York City (McAleer, Connell & Corridan, Jersey City, N. J., Haight, Gardner, Poor & Havens, New York City, David P. H. Watson, New York City, on the brief), for The Tungus, and others.

Joseph M. Cunningham, New York City (Wilbur A. Stevens, Newark, N. J., Kirlin, Campbell & Keating, New York City, on the brief), for El Dorado Oil Works.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

This admiralty appeal urges upon us the contention that the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1, is broad enough to encompass an action for death based upon a breach of the warranty of seaworthiness.

Carl E. Skovgaard met his death by suffocation and shock when he slipped and fell into a tank of heated coconut oil aboard the M/V Tungus. On December 5, 1952, the Tungus, with a cargo of

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