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Cox v. Roth, 348 U.S. 207 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cox v. Roth, 348 U.S. 207 (1955)
Cox v. Roth No. 40 Argued November 16, 1954 Decided January 10, 1955 348 U.S. 207
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. An action under the Jones Act, 46 U.S.C. § 688, for damages for the death of a seaman employed on a vessel owned by individuals, survives the deaths of the tortfeasors. Pp. 207-210.
(a) Congress, having provided that railroad employees could recover under the Federal Employers’ Liability Act regardless of the "survival" of the tortfeasor railroad, and having granted seamen under the Jones Act the same rights granted to railroad employees under the Federal Employers’ Liability Act, intended that the death of the tortfeasor should not defeat recovery under the Jones Act. Pp. 208-209.
(b) The Jones Act, as welfare legislation, is entitled to a liberal construction to accomplish its beneficent purposes. P. 210.
2. The 3-year period of limitations applicable to actions under the Jones Act cannot be diminished by state statute. P. 210.
210 F.2d 76 affirmed.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Cox v. Roth, 348 U.S. 207 (1955) in 348 U.S. 207 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=MM9M2LARC112ZDH.
MLA:
U.S. Supreme Court. "Syllabus." Cox v. Roth, 348 U.S. 207 (1955), in 348 U.S. 207, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=MM9M2LARC112ZDH.
Harvard:
U.S. Supreme Court, 'Syllabus' in Cox v. Roth, 348 U.S. 207 (1955). cited in 1955, 348 U.S. 207. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=MM9M2LARC112ZDH.
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