The following excerpt is from Pedersen v. Manitowoc Co., 25 N.Y.2d 412, 255 N.E.2d 146, 306 N.Y.S.2d 903 (N.Y. 1969):
Respondents further argue that a breach of warranty of seaworthiness does not give rise to a cause of action for wrongful death and that since the Pedersen complaint fails to state a cause of action under the Jones Act, it fails to state any grounds upon which a wrongful death award could be made. There is no merit to this contention for, as discussed above, the Pedersen complaint does state a Jones Act cause of action based upon negligence and it is evident from the language of that statute that damages for wrongful death of a seaman caused by negligence may be recovered pursuant thereto (see Lindgren v. United States, 281 U.S. 38, 50 S.Ct. 207, 74 L.Ed. 686).
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