290 F. 397 | E.D.N.Y | 1923
This case comes before the court on a petition filed by the Castrian Steamship Company, Limited, to limit its liability, and an order to show cause, obtained by said Castrian Steamship Company, Limited, why an order should not be made granting-to the petitioner the relief prayed for in the petition, and why the steamship Lancastrian, now in the possession of the United States marshal, should not be' forthwith surrendered to a trustee to be appointed by this court, for sale by said trustee for the benefit of the parties interested in this proceeding, and why the petitioner should not have such other and further relief as may be just and proper in the premises.
“Tie liability of tbe owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or, merchandise, shipped or put on board of such vessel, or for' any loss, damage or injury by collision, or for any act, matter or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity, or jtenowledge of such owner or owners shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.”
It further appears by the petition that there is an attempt to limit liability as to the wages due to seamen. This, however, could not be, because by section 18 of the Act of June 26, 1884 (Comp. St. § 8028), it is provided that there shall not be a limitation of the liability as to wages of persons employed by said shipowners. Said section reads as follows:
“Sec. 18. That the individual liability of a shipowner, shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole: and the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending: Provided, that this provision • shall not affect the liability of any owner incurred previous to the passage of this act', nor prevent any claimant from joining all the owners in one action; nor shall the same apply to wages due to persons employed by said shipowners.”
The order asked for herein, granting to the petitioner the relief prayed for in the said petition and the surrender of the ship now in the possession of the marshal to a trustee, is therefore denied.
Settle order on notice.