239 F. 94 | 4th Cir. | 1916
Judge Waddill, in his opinion in the District Court (219 Fed. 600), has stated the facts fully. The owners of the Indrakuala here assail so much of his conclusions as holds that ship in fault. Their case has' been presented with ability and force. Nevertheless a minute examination of the record leaves us unable to say that he was wrong.
The further contention is made on behalf of the appellant that in any event the claimants for the damage done to them by the drowning of those whose lives were lost as the result of the collision have no standing in this court. It is urged that the liability imposed by the Virginia statute (Code 1904, § 2902) upon a ship or a vessel for a wrongful death is limited to those cases in which the owner of the ship would have been personally liable, and it is said that in the case of a death resulting from the negligence of a compulsory pilot the shipowner would not be responsible. It seems to us that the language of the statute is the best answer to this contention. We have recently held that it imposed a lien in rem. The Anglo-Patagonian, 235 Fed. 92, - C. C. A. -. The statute itself declares that such a lien arises when the wrong done was such that, if death had not ensued, the party injured would have
We have no doubt that there is such primary liability. The petitioner is the moving party. The statute requires the appointing of. a commissioner. In its petition it asks that one be named. As between it and him it is bound to see that he is paid for the services he renders. If the amount of work he is required to do or the time consumed by him is increased by the presentation of claims which in the end turn out to have been unfounded, the court may and should decree that the allowance made to him for what he did in connection with such claims, having been paid by the petitioner, shall be repaid to it by the persons who made such claims. Where claims are obviously unfounded, or clearly have at the best nothing more than a very slender foundation, or when claimants whose contentions are more serious go into unnecessary detail in the presentation of their case, or in the cross-examination of petitioner’s witnesses, it is always the duty of the court, upon proper application, to put the claimants under such terms as will afford rea
Affirmed.
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