Mobil Oil Corp. v. Higginbotham
436 U.S. 618 (1978)

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U.S. Supreme Court

Mobil Oil Corp. v. Higginbotham, 436 U.S. 618 (1978)

Mobil Oil Corp. v. Higginbotham

No. 76-1726

Argued January 10, 11, 1978

Decided June 5, 1978

436 U.S. 618

Syllabus

In an action for wrongful death on the high seas, the measure of damages is governed by the Death on the High Seas Act, 46 U.S.C. § 762, which limits a decedent's survivors' recovery to their "pecuniary loss," and hence the survivors are not entitled to recover additional damages under general maritime law for "loss of society." Pp. 436 U. S. 620-626.

545 F.2d 422, reversed and remanded.

STEVENS, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, POWELL, and REHNQUIST, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which BLACKMUN, J., joined, post, p. 436 U. S. 626. BRENNAN, J., took no part in the consideration or decision of the case.

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