moragne marine lines argued march decided june petitioner foreclosed bringing action federal maritime law based unseaworthiness wrongful death within state territorial waters husband longshoreman action law maintainable breach maritime duties harrisburg overruled pp reversed remanded charles hardee argued cause filed briefs petitioner dewey villareal argued cause respondent marine lines brief john boult william gillen david kerr argued cause respondent gulf florida terminal brief george ericksen james mcdonough louis claiborne argued cause amicus curiae urging reversal brief solicitor general griswold assistant attorney general ruckelshaus joseph connolly alan rosenthal briefs amici curiae filed david kaplan american trial lawyers association nathan baker pro se justice harlan delivered opinion brought case consider whether harrisburg held maritime law afford cause action wrongful death longer regarded acceptable law complaint sets forth edward moragne longshoreman killed working aboard vessel palmetto state navigable waters within state florida petitioner widow representative estate brought suit state respondent marine lines owner vessel recover damages wrongful death pain suffering experienced decedent prior death claims predicated upon negligence unseaworthiness vessel marine removed case federal district middle district florida basis diversity citizenship see filed complaint respondent gulf florida terminal company decedent employer asserting gulf contracted perform stevedoring services vessel workmanlike manner negligence unseaworthiness causing accident resulted gulf operations marine gulf sought dismissal portion petitioner complaint requested damages wrongful death basis unseaworthiness contended maritime law provided recovery wrongful death within state territorial waters statutory right action death florida law stat encompass unseaworthiness basis liability district dismissed challenged portion complaint ground citing decision tungus skovgaard cases construing state statute made certification necessary allow petitioner interlocutory appeal appeals fifth circuit appeals took advantage procedure furnished state law stat certify florida question whether state statute allowed recovery unseaworthiness concept understood maritime law reviewing history florida act state answered question negative return case appeals affirmed district order rejecting petitioner argument entitled reversal federal maritime law without regard scope state statute stated disposition compelled decision tungus granted certiorari invited participate amicus curiae reconsider important question remedies federal maritime law tortious deaths state territorial waters tungus divided consequences flow rule maritime law absence statute action wrongful death first announced harrisburg members agreed death state territorial waters left remediless general maritime law federal statutes remedy may provided applicable state law giving right action death wrongful act however four justices dissented holding admiralty adopts state right action wrongful death must enforce right integrated whole whatever conditions limitations creating state attached dissenters held federal maritime law utilize state law supply remedy breaches federally imposed duties without regard substantive limitations contained state law extent role played state law tungus subject substantial debate uncertainty see hess goett union carbide opinions sides question acknowledging shortcomings present law see fresh consideration entire subject concluded primary source confusion found tungus harrisburg latter decision somewhat dubious even rendered unjustifiable anomaly present maritime law longer followed therefore reverse judgment appeals opinion harrisburg acknowledged result reached little justification except primitive english legal history history far removed american law remedies maritime deaths case like suit behalf family maritime worker death navigable waters state following several precedents lower federal courts trial awarded damages ship causing death circuit affirmed ruling death maritime tort may complained injury wrong redressed general maritime law reversing relied primarily recent decision insurance brame held american common law english civil action lies injury results death harrisburg brame examine justifications rule rather simply noted know country adopted different rule subject sea maintains land concluded despite contrary decisions lower federal courts brame rule brame apply equally maritime deaths analysis history rule indicates based particular set factors harrisburg decided long since thrown discard even england never existed country regardless viability rule applied american affairs difficult discern adequate reason extension admiralty system law already differentiated many respects common law one expect upon inquiry sources rule find clear compelling justification seems striking departure result dictated elementary principles law remedies existing law imposes primary duty violations compensable cause injury nothing ordinary notions justice suggests violation nonactionable simply serious enough cause death contrary rule criticized ever since inception described terms barbarous osborn gillett ex lord bramwell dissenting pollock law torts landon ed holdsworth history english law ed primary duty already exists decision whether allow recovery violations causing death entirely remedial matter true harms assuaged identical two cases case mere injury person physically harmed made whole harm case death closest usually spouse children seek recover total loss one depended difference however even coupled practical difficulties defining class beneficiaries may recover death seem account law refusal recognize wrongful killing actionable tort one expects therefore find persuasive independent justification apparent legal anomaly legal historians concluded sole substantial basis rule common law feature early english law survive century doctrine see pollock supra holdsworth origin rule baker bolton rev according doctrine common law allow civil recovery act constituted tort felony tort treated less important offense crown merged felony smith sykes freem eng higgins butcher yel eng doctrine found practical justification fact punishment felony death felon forfeiture property crown thus crime punished nothing remained felon property base civil action since intentional negligent homicide felonious civil suit wrongful death first explicit statement rule recovery wrongful death came opinion lord ellenborough sitting nisi prius baker bolton camp eng opinion cite authority give supporting reasoning refer doctrine announcing civil death human complained injury ibid doctrine seemingly cited basis denial recovery reported cases since earliest ones century smith sykes supra higgins butcher supra however seems clear first cases rule baker bolton derive doctrine ground might supported even time inception house lords confirmed historical derivation held although doctrine longer part law rule recovery wrongful death continue except modified statute admiralty commissioners amerika lord parker opinion acknowledged rule anomalous scientific jurist concluded found justification doctrine trespass drowned felony continue rule explicable historical grounds even disappearance justification see holdsworth history english law ed lord summer agreed relying part fact adopted english rule brame although conceding force lord bramwell dissent osborn gillett ex rule lord parker stated part functions house consider rules prevail logical scientific system jurisprudence thus bound simply follow past decisions historical justification marshaled rule england never existed country limited instances american law adopt vestige doctrine effect civil action delayed criminal trial however country felony punishment include forfeiture property therefore nothing even limited instances bar subsequent civil suit grosso delaware lackawanna west hyatt adams see prosser law torts ed nevertheless despite early cases rule rejected incapable vindication sullivan union pac cas neb shields yonge cf cross guthery root american courts generally adopted english rule common law country well throughout period adoption culminating decision brame courts failed produce satisfactory justification applying rule country courts explained holdings prompted asserted difficulty computation damages wrongful death repugnance setting price upon human life connecticut mut life ins new york hyatt adams supra however courts recognized calculation loss sustained dependents estate deceased required present statutes see smith wrongful death damages north carolina rev nn present difficulties insurmountable assessment damages many nonfatal personal injuries see hollyday david reeves cas md green hudson river barb suggested courts commentators prohibition nonstatutory actions derived support ancient rule personal cause action tort survive death possessor eden lexington frankfort decision baker bolton may influenced principle holdsworth origin rule baker bolton rev however universally recognized principle pertains victim personal claims pain suffering bearing question whether dependent permitted recover injury suffers victim death see ibid pollock supra winfield death affecting liability tort rev likely reason english rule adopted country without much question simply blessing age thrust opinion brame well many lower opinions grosso delaware lackawanna west supra nearly automatic adoption seems odds general principle widely accepted early years nation ur ancestors brought general principles common law claimed birthright brought adopted portion applicable situation van ness pacard pet story lottawanna wall see pound formative era american law hart sacks legal process tent ed american courts never made inquiry whether particular english rule bitterly criticized england applicable situation difficult imagine basis might concluded even decision brame apparent harrisburg concluded different rule admiralty applied common law maritime law always country england thing apart common law large extent administered different courts owed much greater debt civil law focus particular subject matter developed general principles unknown common law principles included special solicitude welfare men undertook venture upon hazardous unpredictable sea voyages see generally gilmore black law admiralty edelman maritime injury death factors suggest might anomaly adoption different rule govern maritime relations rule criticized unjust domain might wisely rejected incompatible law sea conclusion reached chief justice chase prior harrisburg sitting circuit sea gull cas md remarked cases indeed held suit law redress surviving representative injuries occasioned death one wrong another cases common law peculiar rules relation subject traceable feudal system forfeitures certainly better becomes humane liberal character proceedings admiralty give withhold remedy required withhold established inflexible rules ii need however pronounce verdict whether harrisburg decided correct extrapolation principles decisional law existence development major significance intervened making clear rule recovery wrongful death sharply keeping policies modern american maritime law development wholesale abandonment rule areas held sway quite evidently prompted sense rule injustice generated much criticism original promulgation extent rejection judicial english house lords emasculated rule without expressly overruling rose ford lord atkin remarked decision amerika reasons given whether historical otherwise may seem unsatisfactory rule really based relevant death due felony long ago relegated museum rate saw reason extending illogical doctrine case clearly apply lord atkin concluded doctrine barred recognition claim dependents wrongful death person bar recognition claim decedent loss expectation life claim vested person interval injury death thereupon passed aid survival statute representative estate expressed doubt claim capable estimated terms money calculation made thus except measure damages might differ representative allowed recover behalf heirs recover names much earlier however legislatures england began evidence unanimous disapproval rule recovery wrongful death first statute partially abrogating rule lord campbell act granted recovery families persons killed tortious conduct although death shall caused circumstances amount law felony every state today enacted statute see smith supra rev congress created actions wrongful deaths railroad employees federal employers liability act merchant seamen jones act persons high seas death high seas act congress also federal tort claims act made subject liability certain circumstances negligently caused wrongful death extent private person see richards numerous broadly applicable statutes taken whole make clear present public policy allowing recovery wrongful death statutes evidence wide rejection legislatures whatever justifications may existed general refusal allow recovery legislative establishment policy carries significance beyond particular scope statutes involved policy thus established become part law given appropriate weight matters statutory construction also decisional law see landis statutes sources law harvard legal essays justice holmes speaking also chief justice taft justices brandeis mckenna stated topic remedies wrongful death seems courts dealing statutes sometimes slow recognize statutes even terms covering particular cases may imply policy different common law therefore may exclude reference common law purpose limiting scope johnson fed without going reasons notion action appeal lie causing death human enough say disappeared policy forbade action profound absence remedy man body hanged goods confiscated felony shown policy present law statutes panama rock dissenting opinion appreciation broader role played legislation development law reflects practices courts ancient times professor landis said much ordinarily regarded common law finds source legislative enactment landis supra always duty perceive impact major legislative innovations interweave new legislative policies inherited body principles many deriving earlier legislative exertions legislature course merely enact general policies terms statute also indicates conception sphere within policy effect many cases scope statute may reflect nothing dimensions particular problem came attention legislature inviting conclusion legislative policy equally applicable situations mischief identical conclusion reinforced exists one enactment course legislation dealing series situations generality underlying principle attested legislation jurisdictions hand legislature may order promote conflicting interests prescribe particularity compass legislative aim erecting strong inference territories beyond boundaries drawn feel impact new legislative dispensation must therefore analyze care congressional enactments abrogated rule maritime field determine impact fact none applies terms situation case see part iii infra however sufficient point conclude justice holmes years ago work legislatures made allowance recovery wrongful death general rule american law denial exception death caused breach duty imposed federal maritime law congress established policy favoring recovery absence legislative direction except particular class cases iii undertaking therefore determine whether congress given direction legislation granting remedies wrongful deaths portions maritime domain find congress given affirmative indication intent preclude judicial allowance remedy wrongful death persons situation petitioner date harrisburg remedy death high seas caused breach one duties imposed federal maritime law deaths within state territorial waters federal law accommodated humane policies state wrongful death statutes allowing recovery whenever applicable state statute favored recovery congress acted furnish remedy denied courts deaths beyond jurisdiction state passing two landmark statutes first death high seas act stat et seq section act provides whenever death person shall caused wrongful act neglect default occurring high seas beyond marine league shore state personal representative decedent may maintain suit damages district courts admiralty exclusive benefit decedent wife husband parent child dependent relative vessel person corporation liable death ensued provisions state statute giving regulating rights action remedies death shall affected act shall act apply great lakes waters within territorial limits state participating amicus curiae contended oral argument statutes construed forbid recognition general maritime remedy wrongful death within territorial waters perpetuate three anomalies present law first simply discrepancy produced whenever rule harrisburg holds sway within territorial waters identical conduct violating federal law furnishing unseaworthy vessel produces liability victim merely injured frequently killed concluded distinction compatible general policies federal maritime law second incongruity identical breaches duty provide seaworthy ship resulting death produce liability outside limit since claim death high seas act may founded unseaworthiness see kernan american dredging within territorial waters state whose local statute excludes unseaworthiness claims argues since substantive duty federal federal maritime jurisdiction covers navigable waters within without limit rational policy supports distinction availability remedy third assertedly strangest anomaly true seaman member ship company covered jones act provided remedy death caused unseaworthiness within territorial waters longshoreman duty seaworthiness extended performs work traditionally done seamen remedy allowed state statute much force argument distinctions lacking apparent justification absence compelling evidence presume congress affirmatively intended freeze maritime law presumption congress removed traditional responsibility vindicate policies maritime law ceding function exclusively however respondents argue intent manifested portions death high seas act quoted legislative history act suggests respondents misconceive thrust congressional concern senate house reports consist primarily quoted remarks supporters proposed act supporters stated rule harrisburg rejected country western europe disgrace civilized people reason admiralty law longer depend statute laws congress bring maritime law line laws enlightened nations confer right action death sea act accomplish result deaths high seas leaving unimpaired rights state statutes deaths waters within territorial jurisdiction purpose uniformity properly legislate high seas discussion bill floor house evidenced concern cause action provided cases remedy cong rec time power create actions wrongful death way affected enactment federal law tungus skovgaard read light state maritime law believe legislative history indicates congress intended ensure continued availability remedy historically provided deaths territorial waters failure extend act cover deaths primarily reflected lack necessity coverage federal statute rather affirmative desire insulate deaths benefits federal remedy might available independently act void existed maritime law absence remedy wrongful death high seas congress acting fill void legislated limit extent problem express provision state remedies territorial waters disturbed act ensured congress solution one problem create another inviting courts find act entire field destroying state remedies previously existed beneficiaries persons meeting death territorial waters suffer time excluded coverage act contrary state remedies left undisturbed familiar also may actually generous remedy provided new act one hand primary basis recovery state statutes negligence hand substantive duties imposed time general maritime law vastly different presently exist seaman right recover damages injuries caused unseaworthiness ship obscure relatively little used remedy perhaps largely prior decision mahnich southern shipowner duty use due diligence provide seaworthy ship gilmore black supra tetreault seamen seaworthiness rights harbor workers cornell nonseamen high seas generally recover ordinary negligence even virtually denied seamen peculiar maritime doctrine osceola congress thus legislated backdrop state laws imposed standard behavior generally respects perhaps favorable imposed federal maritime law since time equation changed drastically transformation shipowner duty provide seaworthy ship absolute duty satisfied due diligence see mahnich southern supra mitchell trawler racer unseaworthiness doctrine become principal vehicle recovery seamen injury death overshadowing negligence action made available jones act see gilmore black supra achieved equal importance longshoremen harbor workers duty seaworthiness extended perform work vessel traditionally done seamen seas shipping sieracki resulting discrepancy remedies deaths covered death high seas act deaths happen fall within state statute encompassing unseaworthiness foreseen congress congress merely declined disturb state remedies time appeared adequate effectuate substantive duties imposed general maritime law action read instruction federal courts deaths territorial waters caused breaches evolving duty seaworthiness must damnum absque injuria unless expand remedies match scope federal duty put another way message act force abrogate available state remedies intention appears act effect foreclosing nonstatutory federal remedies might found appropriate effectuate policies general maritime law conclusion wholly consistent congressional purpose confirmed passage jones act almost simultaneously death high seas act observed gillespie steel jones act intended achieve uniformity exercise admiralty jurisdiction giving seamen federal right recover employers negligence regardless location injury death strong concern uniformity scarcely consistent conclusion congress intended require present nonuniformity effectuation duty provide seaworthy ship recognition right recover wrongful death general maritime law assure uniform vindication federal policies removing tensions discrepancies resulted necessity accommodate state remedial statutes exclusively maritime substantive concepts hess goett union carbide uniformity concerns acts also give effect constitutionally based principle federal admiralty law system law coextensive operating uniformly whole country lottawanna wall conclude death high seas act intended preclude availability remedy wrongful death general maritime law situations covered act refusal maritime law provide remedy appears jurisprudentially unsound produced serious confusion hardship refusal cease unless substantial countervailing factors dictate adherence harrisburg simply matter stare decisis turn consideration factors iv weighty considerations underlie principle courts lightly overrule past decisions among desirability law furnish clear guide conduct individuals enable plan affairs assurance untoward surprise importance furthering fair expeditious adjudication eliminating need relitigate every relevant proposition every case necessity maintaining public faith judiciary source impersonal reasoned judgments reasons rejecting established rule must always weighed factors first factor often considered mainstay stare decisis singularly absent case confidence people ability predict legal consequences actions vitally necessary facilitate planning primary activity encourage settlement disputes without resort courts however confidence threatened least announcement new remedial rule effectuate primary rules behavior question case change duties owed shipowners work aboard vessels shipowners well understand breach duty provide seaworthy ship may subject liability injury regardless occurs death occurring high seas territorial waters hardly said shipowners molded conduct around possibility special circumstances may escape liability breach rather established expectations ships work duty make ship seaworthy breach federally imposed duty generally provide basis recovery exceptional denial recovery disturbs expectations new remedial doctrine serves simply reenforce make effectual primary obligations net result innovation may strengthen rather disturb general sense security hart sacks supra pound thoughts stare decisis nacca either relevant strands stare decisis counsel persuasively overruling harrisburg certainly courts provide expeditious resolution disputes every rule fair game de novo reconsideration every case however situation face far removed consequence regard rule harrisburg closely arguable proposition rested dubious foundation announced become increasingly unjustifiable anomaly law years left behind conjunction corollary tungus produced confusion area easily susceptible workable solutions rule long opportunity prove acceptability instead suffered universal criticism wide repudiation supplant present disarray area rule simpler impede efficiency adjudication finally judicious reconsideration precedent threatening public faith judiciary continued adherence rule unjustified reason produces different results breaches duty situations differentiated policy respect process adjudication enhanced diminished ruling today respondents argue overruling harrisburg necessitate long course decisions spell elements new cause action believe fears exaggerated decision require fashioning whole new body federal law merely removes bar access existing general maritime law respects law applied cases answer questions arise death cases respondents argue example statute limitations must devised borrowed new claim however petitioner respond since simply removed barrier general maritime actions fatal injuries reason federal admiralty suits least actions share doctrine laches immemorially applied admiralty claims applying doctrine argument runs courts give consideration statute limitations death high seas act always looked analogy appropriate state foreign statutes limitations see kenney trinidad cir gilmore black supra need decide question present case brought within months accident question timeliness raised argument demonstrates however difficulties slight applying accepted maritime law actions wrongful death one aspect claim wrongful death precise counterpart established law governing nonfatal injuries determination beneficiaries entitled recover general maritime law denied recovery wrongful death found need specify dependents receive recovery question petitioner argue may look guidance expressions congress spoken subject death high seas act jones act longshoremen harbor workers compensation act though similar provisions differs slightly naming dependent relatives may recover priority given claims contends three provision borrowed actions general maritime law death high seas act congressional enactment deals specifically exclusively actions wrongful death simply provides remedy deaths high seas breaches duties imposed general maritime law contrast beneficiary provisions jones act applicable specific class actions claims seamen employers based violations special standard negligence imposed federal employers liability act standard appears unlike imposed general maritime law although longshoremen harbor workers compensation act applicable longshoremen petitioner late husband principles recovery wholly foreign general maritime law like workmen compensation laws deals responsibilities employers death injury employees provides standardized amounts compensation regardless fault part employer one statutes applies class workers person bases liability conduct violative general maritime law death high seas act borrowing schedule beneficiaries argues effectuate expressed congressional preferences area also promote uniformity ensuring beneficiaries identical torts rather varying employment status decedent occasion according argument borrow law relevant coastal state since underlying duties effectuated entirely federal congress expressed preference beneficiaries violations maritime law determine issue think final resolution await sifting lower courts future litigation present purposes conclude existence affords sufficient reason coming grips harrisburg still subsidiary issues require resolution particular questions measure damages courts without persuasive analogy guidance death high seas act numerous state acts implemented success decades experience thus built counsels suit wrongful death raises problems unlike long grist judicial mill sum contrast torrent difficult litigation swirled harrisburg tungus followed upon problems accommodation occasioned recognition remedy wrongful death general maritime law expected bring placid waters prospect indeed makes discarding harrisburg accordingly overrule harrisburg hold action lie general maritime law death caused violation maritime duties judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes brame decided course time federal courts swift tyson pet expounded general federal common law stated argument everywhere support suits admiralty maritime law actually administered common law countries different common law particular common law founded good reason contrary equity general principles law since however established courts action law maintained wrong absence statute giving right shown maritime law accepted received maritime nations generally established different rule government courts admiralty govern courts law matters kind forced conclusion action lie courts general maritime law decision amerika placed also alternative ground independently sufficient case arose collision royal navy submarine private vessel crown sought recover owners private vessel pensions payable families navy sailors died collision first ground given rejecting claim damages sought remote protected tort law pensions voluntary payments measure future services admiralty deprived similar alternative reasoning given brame involved similar situation thus neither case enunciation rule recovery wrongful death necessary result harrisburg acknowledged least according courts france civil law allow recovery injury suffered dependents person killed noted however louisiana courts took different view civil law english maritime law seem differ regard english common law see generally grigsby coast marine service cir benedict law american admiralty ed knauth lord wright concurring stated one sense true money compensation life enjoyment life sense impossible fix compensation shortening life best law paradoxical law refused give compensation none adequate suggested one reason rule tolerated england long may relatives persons killed wrongful acts often able exact compensation wrongdoer threatening bring criminal appeal criminal appeal criminal proceeding brought private person many years common indictment means punishing homicide though successful appeal produce monetary recovery threat one served informal substitute civil suit damages years indictment became common criminal appeal abolished statute geo see holdsworth origin rule baker bolton rev admiralty commissioners amerika see also national parks act outer continental shelf lands act making state statutes applicable particular areas within federal jurisdiction cf infra rock case involved question whether action wrongful death maintainable panama canal zone general statute simply embodied principle liability damage caused fault majority decision engrafting onto statute rule forbidding recovery despite fact rule rejected every relevant jurisdiction immediately repudiated congressional action act stat see landis supra general understanding statutes coastal provided remedies deaths within territorial waters apply beyond state boundaries suggested early case plaintiff defendant state law state applied death high seas state intended law scope hamilton however probably state death statutes meant application high seas possibility little fill vacuum congress passed longshoremen harbor workers compensation act stat et granting longshoremen right receive workmen compensation benefits employers accidental injury death arising employment benefits made exclusive liability employers comply act act however affect longshoreman remedies persons employer shipowner therefore bear problem us except perhaps serve yet another example congressional action allow recovery death circumstances recovery allowed nonfatal injuries joint contributor last situation conjunction rule harrisburg decision gillespie steel held jones act providing claim wrongful death based negligence precludes state remedy wrongful death seaman territorial waters whether based negligence unseaworthiness ruling gillespie jones act intended bring uniformity exercise admiralty jurisdiction required constitution necessarily supersedes application death statutes several ruling thus disturb seaman rights general maritime law existing alongside jones act claim sue employer injuries caused unseaworthiness see mcallister magnolia petroleum death high seas caused unseaworthiness see kernan american dredging doyle albatross tanker cir cf pope talbot hawn likewise remedy general maritime law made available overruling today harrisburg seems beyond preclusive effect jones act interpreted gillespie existence maritime remedy deaths seamen territorial waters rather hinder uniformity exercise admiralty jurisdiction course question preclusion federal remedy gillespie predecessor lindgren since remedy thought exist time cases decided see gilmore black supra cf kernan american dredging similarly parliament abrogated english rule passing lord campbell act provided nothing therein contained shall apply part kingdom called scotland decisional law scotland long recognized right recover wrongful death thus mischief statute aimed cured without disturbing scottish law act excluded scotland operation sufficient remedy already existed england none existed admiralty commissioners amerika note act authorizes suit damages district courts admiralty construed place exclusive jurisdiction admiralty side federal courts suits act devlin flying tiger lines supp although earlier authority contrary bugden trawler cambridge mass found legislative history congress imposed exclusive jurisdiction desire avoid presentation claims juries might support inference congress meant forbid nonstatutory maritime actions wrongful death might come state federal juries cf fitzgerald lines however case discussion exclusive jurisdiction legislative history found house floor debates course representative volstead floor manager bill chairman judiciary committee told members exclusive jurisdiction follow necessarily fact act part federal maritime law cong rec erroneous view disregards saving clause fact federal maritime law applicable suits brought state courts permission clause see supra asked whether true jury trials never available suits act representative volstead replied think perhaps certain purposes practice prevails may jury ordinarily jury allowed however know much admiralty practice cong rec derive expression policy bearing matter discussion incongruity forcing provide sole remedy effectuate duties basis state policy highlighted case florida ruled state act concerned traditional concepts concepts peculiar maritime law comparative negligence rule found reason believe florida legislature intended cover even considered completely foreign maritime duty seaworthiness federal law rather state appropriate source remedy violation federally imposed duties maritime law cf hill power federal courts constitutional rev note federal common law harv rev worth noting problem lack congruence maritime duties state remedies presented harrisburg problem relevant state statutes limitations run petitioner sought federal remedy applicable discuss standards behavior comprehended state law maritime law nothing indicates state law wholly adequate vindicate substantive maritime policies suit brought within period cf mcallister magnolia petroleum respondents purport find preclusive intent two federal statutes related areas national parks act outer continental shelf lands act former provides case death person neglect wrongful act another within national park place subject exclusive jurisdiction within exterior boundaries state right action shall exist though place jurisdiction state within whose exterior boundaries place may although judge learned hand suggested statute applied admiralty puleo moss quickly reconsidered guerrini seems clear see tungus skovgaard separate opinion brennan aetna cas sur congressional decision place state laws areas national parks carved existing state territories subject general body law carries implication similar intent vastly different realm admiralty latter statute rodrigue aetna cas sur supra determined act intended treat artificial islands located beyond limit vessels upon high seas though federal enclaves upland state act deliberately eschewed application admiralty principles novel structures held subject substantive standards state law except inconsistent federal law applied special dispensation modern problem maritime law thought inapposite analogue case undisputed duties owed respondents petitioner husband determined maritime law within without limit respondents point bill introduced senate request among things extend death high seas act include deaths state territorial waters sess date hearings scheduled action taken bill mere possibility future legislation field course affect legal merits petitioner claim rule harrisburg longer valid part maritime law see webb think congress failure take action pending bill pass similar measure years law deaths territorial waters became incongruous provides guidance course take case conclude congress legislating subject effect foreclosed negative legislation reconsideration prior judicial doctrine disregard fact congress largely left responsibility fashioning controlling rules admiralty law fitzgerald lines see mcallister magnolia petroleum see see supra