Schwecke

1. Introduction.

Invoking the provisions both of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 933 , and of the Jones Act, 46 U.S.C.A. § 688 , the libelants herein, as heirs of Fred Schwecke, are suing for general damages in the sum of $500,000 and special damages in the sum of $125, with costs, arising from Mr. Sch-wecke’s death by drowning in the Oakland Estuary, at Alameda, California, on December 24, 1945.

2. The Pleadings.

The first amended libel in personam sets forth two causes of action. The first is based upon Section 33 of the Longshoremen’s and Hahbor Workers’ Compensation Act, which permits a person entitled to compensation “on account of a disability or death”, to elect to receive such compensation or to recover damages against a person other than the employer, if he determines that such third person is liable.

The amended libel alleges that the United States, one of the respondents, through the War Shipping Administration, was the owner of the S. S. St. Simon at the time of the accident; that the respondents Williams-Dimond Co., Moran Towing and Transportation Company, and W. F. Stone operated that vessel as general agents; that Stone…