Potter Stewart

“ The district judge found that the barge was unseaworthy, but went on to hold that 'this case is not one for the applicability of the doctrine of liability without fault.' The Court of Appeals expressly refrained from deciding whether the West Virginia Wrongful Death statute has imported the maritime concept of unseaworthiness, finding that the circumstances of this case were not such as to impose liability under that concept, even if incorporated in the state statute. ”

“ The Benny Skou, 4 Cir., 1952, 200 F.2d 246, a suit to recover for a death occurring on board a ship in the territorial waters of Virginia, the court held that the action was barred by the one-year limitation contained in the Virginia Wrongful Death Act. The court's reasoning was unambiguous: 'The right of action which appellant has sought to enforce is one created solely by the Virginia statute. * * * 'Virginia has bestowed upon admiralty a right to grant a recovery not previously possessed by admiralty. ”

“ The court found as a fact that the barge was not unseaworthy, and held as a matter of law that in any event there could be no warranty of seaworthiness with respect to a vessel withdrawn from navigation and delivered into the sole custody and control of a dry dock company for the purpose of major repairs. ”