186 Pa. 517 | Pa. | 1898
Opinion bt
The substantial question in this case is the right of the appellants to have their liability for damages to the plaintiff limited to the value of their respective interests in the vessel which is alleged to have caused the injury.
The Act of congress of March 3,1851, sec. 3, 9 Stat. at Large, 635 (Rev. Stat. 1878, sec. 4283), provides that “the liability of the owner or owners of any ship or vessel for any embezzlement, loss or destruction by the master', officers, marinéis, passengers, or any other person or persons, of any property, goods or merchandise shipped or put on board of such ship or vessel, or for any loss, damage or injury by collision, or for any act,
In Butler v. Boston and Savannah Steamship Co., 130 U. S. 527, it was held that this limitation of liability applies to actions for damages for death caused by negligence. And on this point see also Craig v. Ins. Co., 141 U. S. 638. It Avas further held in the former case that the limitation of liability Avas enacted by congress as part of the maritime law of the United States, and is coextensive in its operation with the whole territorial domain of that law. It applies, therefore, to the case of a disaster happening within the limits of a county of a state, and to a case where the liability itself arises from a law of the state.
These statutory limitations of liability, so construed by the Supreme Court of the United States, would seem to settle the question in this case in favor of appellants. But it is argued for appellee that they cannot prevail against the prohibition in section 21, article 3 of the constitution of Pennsylvania against any limitation of the amount to be recovered for injuries resulting in death, and that in any Ariew they cannot be administered by a Pennsylvania court in a common-laAV action.
As to the first objection, it is clear that neither statute nor constitution of Pennsylvania can be set up against a right given by congress in its control of the maritime law of the country. That control is paramount, and when it has been exercised in a
This brings us to the consideration of the acts of congress. The limitation of liability under both the acts of 1851 and 1884 is general and absolute. By the former the liability “ shall in no case exceed,” and by the latter “shall be limited to,” the value of the individual owner’s interest in the vessel. The former provision is contained in section 3 of the act of 1851, and by section 4, it is provided that whenever the loss is by several owners of goods, etc., and the whole value of the vessel and freight is not sufficient, they shall receive compensation in proportion to their respective losses, and the owner of the vessel may take appropriate proceedings in any court for the purpose of apportioning the sum for which he is liable among the parties entitled thereto. It then continues, that it shall be sufficient compliance by the owner with the requirements of the act if he shall transfer his interest in the vessel and freight to a trustee for the parties entitled, to be appointed by any court of competent jurisdiction, and thereupon all claims and proceedings against the owner shall cease. There is nothing in this section which in any way changes the positive character of the limitation. The provisions are manifestly in furtherance, not in restriction, of the vessel owner’s right, and are directory only, in the sense that they point out a method by which his right may bo enforced, but are not exclusive of other methods which may be found effective for the same purpose.
And such we understand to be the construction settled by the Supreme Court of the United States. In the case of The Scot
We are of opinion that appellants’ right to make this defense is clear, and we see no difficulty in enforcing it in this action. They should have been permitted to show the value of the tug, and their respective proportions of ownership in it. The most convenient practice then would be, after appropriate instructions to the jury, to direct them if thejr found for the plaintiff to find specially in addition the value of the tug, and the proportionate ownership of the several defendants. With these facts specifically found, the verdict could be moulded by
The questions of defendant’s negligence, and Loughin’s own contributory negligence could not under the evidence have been taken from the jury.
A number of questions are raised by the assignments of error in regard to irregularities in the swearing of the jury and in the verdict and judgment, but, as all of these will be easily avoided at the next trial, it is not necessary to discuss them.
Judgment reversed and venire de novo awarded.