237 F. 403 | S.D.N.Y. | 1915
The petitioner alleges that he has heard of other claims from the crew for personal injury and loss of effects, though none have been made. It does not appear how many men were on the boat, or whether they suffered any personal injury; the statute of limitations has not •run, and it is not yet fanciful-that they might sue. I think it clear that the petitioner should not be required at his peril to aver and prove that there are claims for more than the value of the vessel, for, if he fails, he loses his limitation, without any assurance that there may not be others which he may not know: If the rule has any application, it must be limited to cases where the aggregate of the. claims appears beyond any question, either from the petition or elsewhere. If the affidavit may be considered on this application, it is far from making the necessary proof.
Laches seems to be no defense to the proceeding. The motion to dismiss is denied.