Pierce Butler

“ The Oregon statute creating a cause of action for death by wrongful act provides: 'When the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action at law therefor against the latter, if the former might have maintained an action, had he lived, against the latter, for an injury done by the same act or omission.' Oregon Code 1930, § 5-703. ”

“ The damages allowed by the Oregon statute are those resulting solely from the death. The foundation of the right to recover is a wrongful act or omission taking effect aboard the ship and resulting in death upon the land. ”

“ Where a longshoreman working upon the land assisting in the unloading of a ship was struck by a sling of cargo and knocked into the water where he died, this court held that the state compensation act and not the maritime law governed. ”