STATE v. WEYERHAEUSER STEAMSHIP COMPANY

Civ. No. 10415.

176 F.Supp. 664 (1959)

STATE of Maryland, to the use of Lillie Mae GLADDEN, individually and in her own right, as surviving widow of Thomas Gladden, Deceased, and Lillie Mae Gladden, as Mother and Next Friend of Linwood M. Gladden, Marlean C. Gladden, Barbara J. Gladden, Gwendolyn Gladden, Raymond Gladden, Reginald Gladden, Zelda Gladden, Hazela Gladden, and Adell Gladden, infants, surviving children of Thomas Gladden, deceased, and Morton Guth, Administrator of the Estate of Thomas Gladden, deceased. v. WEYERHAEUSER STEAMSHIP COMPANY, a body corporate.

United States District Court D. Maryland.

May 7, 1959.


Attorney(s) appearing for the Case

Harold Buchman, Lawrence B. Coshnear and Morton Guth, of Baltimore, Md., for plaintiffs.

Robert H. Williams, Jr., and Niles, Barton, Yost & Dankmeyer, Baltimore, Md., for defendant.

Jerome B. Monfred, Baltimore, Md., amicus curiae.


THOMSEN, Chief Judge.

The principal question raised by defendant's motion to dismiss is whether the Maryland "Lord Campbell's Act", which gives a right of action where death is caused "by wrongful act, neglect or default", encompasses a civil action for death caused by the unseaworthiness of a vessel.

Art. 67, sec. 1, Ann.Code of Md., 1957 ed., provides:

"Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act...

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