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cause of action for maritime death, designed to ex-
tend to the dependents of maritime wrongful-death
victims admiralty's special solicitude for the
welfare of those men who under[take] to venture up-
on hazardous and unpredictable sea voyages'. Mor-
agne, supra, at 387. Our approach to the resolu-
tion of the issue before us must necessarily be
consistent with the extension of this 'special so-
licitude' to the dependents of the seafaring dece-
dent.
Sea-Land Services vs Gaudet, 414 U.S. at 577.
In our view, the liberal and humanitarian character of mari-
time proceedings as expressed in Moragne and Gaudet, supra,
contemplates solicitude for dependents, not inanimate es-
tates." (Slip Opinion, pp. 9-10)
*
"These acts, however, specifically limit recovery to
parents, children, spouse or dependent next of kin. Non-de-
pendent collateral relatives are not included.
*
"We have, in fact, been shown no case in which a non-de-
pendent collateral relative was awarded damages for this
loss.
"We remain unconvinced that the humanitarian principles
of maritime law which led the Supreme Court in Sea-Land Ser-
vices vs Gaudet, supra, to compensate a widow for loss of so-
ciety, should lead us to hold that a non-dependent and col-
lateral relative should recover for loss of an inheritance,
based solely upon his legal relationship to the deceased as
next of kin.' (Slip Opinion, pp. 11-12).
"Comfort, companionship and society, recognized in Gau-
det, supra, go to the very heart of family life, and their
loss by family members is genuinely felt, thus justifying the
intervention of the humanitarian maritime law. On the other
hand, loss of prospective inheritance by one whose hopes of
that inheritance hinge upon the fortuity of a man remaining
unmarried and childless throughout his life, is not an injury
capable of comparison with the losses sought in Gaudet. The
mere accident of blood relationship with nothing more does
not itself call for that special solicitude which the mari-
time law holds for those injured within its jurisdiction."
(Slip Opinion, pp. 12-13).
In the present case, Clay Shaw left no surviving spouse, parent, child,
brother or sister, or any other dependent kin. To the contrary, his sole resid-
7/
uary legatee is ane Arthur Jefferson Biddison, merely a long-time friend.
7/
See certified copies of the Affidavit of Heirship, and Shaw's last will and
testament, annexed hereto as Appendix C and Appendix D, respectively.
NW
12640 DocId:59167994 Page 122
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"ocrText": "-6-\ncause of action for maritime death, designed to ex-\ntend to the dependents of maritime wrongful-death\nvictims admiralty's special solicitude for the\nwelfare of those men who under[take] to venture up-\non hazardous and unpredictable sea voyages'. Mor-\nagne, supra, at 387. Our approach to the resolu-\ntion of the issue before us must necessarily be\nconsistent with the extension of this 'special so-\nlicitude' to the dependents of the seafaring dece-\ndent.\nSea-Land Services vs Gaudet, 414 U.S. at 577.\nIn our view, the liberal and humanitarian character of mari-\ntime proceedings as expressed in Moragne and Gaudet, supra,\ncontemplates solicitude for dependents, not inanimate es-\ntates.\" (Slip Opinion, pp. 9-10)\n*\n\"These acts, however, specifically limit recovery to\nparents, children, spouse or dependent next of kin. Non-de-\npendent collateral relatives are not included.\n*\n\"We have, in fact, been shown no case in which a non-de-\npendent collateral relative was awarded damages for this\nloss.\n\"We remain unconvinced that the humanitarian principles\nof maritime law which led the Supreme Court in Sea-Land Ser-\nvices vs Gaudet, supra, to compensate a widow for loss of so-\nciety, should lead us to hold that a non-dependent and col-\nlateral relative should recover for loss of an inheritance,\nbased solely upon his legal relationship to the deceased as\nnext of kin.' (Slip Opinion, pp. 11-12).\n\"Comfort, companionship and society, recognized in Gau-\ndet, supra, go to the very heart of family life, and their\nloss by family members is genuinely felt, thus justifying the\nintervention of the humanitarian maritime law. On the other\nhand, loss of prospective inheritance by one whose hopes of\nthat inheritance hinge upon the fortuity of a man remaining\nunmarried and childless throughout his life, is not an injury\ncapable of comparison with the losses sought in Gaudet. The\nmere accident of blood relationship with nothing more does\nnot itself call for that special solicitude which the mari-\ntime law holds for those injured within its jurisdiction.\"\n(Slip Opinion, pp. 12-13).\nIn the present case, Clay Shaw left no surviving spouse, parent, child,\nbrother or sister, or any other dependent kin. To the contrary, his sole resid-\n7/\nuary legatee is ane Arthur Jefferson Biddison, merely a long-time friend.\n7/\nSee certified copies of the Affidavit of Heirship, and Shaw's last will and\ntestament, annexed hereto as Appendix C and Appendix D, respectively.\nNW\n12640 DocId:59167994 Page 122"
}