Hugo Black

“ The opinion in Lindgren particularly pointed out that prior to the Jones Act there had existed no federal right of action by statute or under the general maritime law to recover damages for wrongful death of a seaman, [9] though some of the States did by statute authorize a right of recovery which admiralty would enforce. [10] Congress, the Lindgren Court held, passed the Jones Act in order to give a uniform right of recovery for the death of every seaman. ”

“ There is, of course, no doubt that the Jones Act through § 9 of the FELA, 45 U.S.C. § 59 (1958 ed.) , [13] provides for survival after the death of the seaman of ' (a) ny right of action given by this chapter,' i.e., of his claim based on a theory of negligence. ”

“ Both courts below refused to do so, and we agree. It is enough to say that we adhere to the Wells-Dickey holding, among other reasons because we agree that this interpretation of the Act is plainly correct. ”