Kunkel

By this action at law plaintiffs, widow and administratrix, seek recovery from the Government of damages for the alleged wrongful death of Louis Ernest Kunkel on the high seas.

The case is now before the court upon the Government’s motion to dismiss on the grounds that: (1) “this Court lacks jurisdiction over the defendant in that there is no act of Congress alleged or existing granting the plaintiffs or either of them a right of action against the United States for death on the high seas”; and (2) “this Court lacks jurisdiction over the subject matter of this action in that the plaintiff has alleged the death occurred on the high seas, describing the latitude and longitude which is more than one marine league from the shore of any state, territory or dependencies of the United States, for which death there is no statute allowing recovery for death, of which this Court has jurisdiction.”

Plaintiffs invoke Federal jurisdiction under 28 U.S.C. § 1346 (b), and allege that “this action is brought under the Federal Tort Claims Act * * 28 U.S.C. §§ 2671-2680 .

Section 2674 of Title 28 of the United States Code provides that: “The United States shall be liable, respecting the…