United States Supreme Court

400 U.S. 982

Weed  v.  Bilbrey

On Motion for Leave to File Third Petition for Rehearing. The motion for leave to file a third petition for rehearing is denied.

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK concurs, dissenting.

This suit grows out of the death of Mrs. Weed's husband in Florida. He was killed while on navigable waters within the State. She recovered nothing in her action for wrongful death because the trial court found her husband had been negligent and applied the Florida doctrine of contributory negligence. She contended that the maritime rule of comparative negligence should apply. She lost. Meanwhile a similar suit was progressing through the federal courts in Florida. Mrs. Moragne had also lost her husband on the navigable waters of that State. She contended that the maritime principle of unseaworthiness should apply. The Florida Supreme Court asked whether the State law incorporated the principle, ruled that it did not, and that she was not entitled to recover under Florida law. Moragne v. State Marine Lines, 211 So.2d 161, Fla.1968.

THE CHIEF JUSTICE and Mr. Justice BLACKMUN took no part in the consideration or decision of this motion.

Notes

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