Goett v. Union Carbide Corporation (1959)
- Docket
- 3
- Decided
- 1959-01-01
- Category
- General
Summary
Question: (1) Was the barge unseaworthy? (2) Does maritime law allow recovery for wrongful death independently of the West Virginia Wrongful Death Act? Conclusion: No answer. In a per curiam opinion, the court vacated the lower judgment and remanded to determine whether the West Virginia Wrongful Death Act uses the state law or maritime law concept of negligence. On remand, the court of appeals should also consider whether the Act incorporates the doctrine of unseaworthiness. Chief Justice Earl Warren, Justice Hugo L. Black, Justice William O. Douglas, and Justice William J. Brennan wrote in a footnote that they voted with the majority only because of the Court’s recent ruling on this issue in The Tungus v Skovgaard , although he disagreed with that ruling. Justice John M. Harlan wrote a dissent, stating that there was no reason to remand the case. Justice Felix Frankfurter joined in the dissent. Justice Charles E. Whittaker wrote a dissent, stating that he would affirm the lower court. Justice Potter Stewart wrote a dissent also agreeing with the lower court decision.