Virginia J. King, as Administratrix of the Estate of John Elvins King v. Pan American World Airways, a Corporation

Appellant appeals from the final decree of the district court granting appellee’s motion for a summary judgment in its favor. Jurisdiction of the district court was based on U.S.C. Title 28, Section 1333. Jurisdiction of this Court to review such decree is found in U.S.C. Title 28, Sections 1291 and 1294.

The parties agree that the sole and narrow question presented to this Court is whether the California Workmen’s Compensation Act ousted the district court of jurisdiction to entertain a suit in admiralty against an employer for wrongful death under the Death on the High Seas Act by the administratrix of the estate of an airline employee who in the course of his employment was killed in the crash of an airliner on the high seas.

The stipulation of facts presented to the district court is as follows:

Appellant’s libel was based upon the Death on the High Seas Act (March 30, 1920, c. 111, Sections 1-7, 41 Stat. 537 , 46 U.S.C.A. §§ 761-767 ). Relevant portions of that Act are as follows:

Section 1. “Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of…