208 F. 670 | S.D.N.Y. | 1913
This matter arises upon exceptions to the report of a commissioner appointed to take proof as to the amount, validity, and priority of all claims, to which objections and defenses had been filed in proceedings for the limitation of the liability of- the owners of the steamtugs Ticeline, formerly called the R. B. Tittle, and the Transfer No. 12. These proceedings were tried together, and grew out of a collision between the Transfer No. 12, having in tow Carfloat 48, and the R. B. Tittle, having in tow the Carrie Heffner. By this collision the R. B. Tittle was sunk, the Carrie Heffner and the Carfloat 48 were each injured, John O’Donnell was killed, James Tavin was injured, and the crew of the Tittle lost their personal effects. On the trial it was held that both tugs were in fault for the collision, and the owners of each were entitled to a limitation of liability.
I concur with all the conclusions in the able report of Mr. Goodrich, the commissioner, except those in respect to the claim of the adminis-tratrix of James Tavin, which the commissioner rejected. The question arising on his claim is novel. My first impression was that the commissioner’s view was correct; but, on full consideration, I think
The commissioner, although holding that the claim of Ravin abated, very properly reported on the amount of damage suffered by Ravin, so that, in case the court should conclude that he was entitled to recover, no further reference would be necessary. The amount so reported was $750, and it is directed that a claim for that amount be allowed in favor of his administratrix against the Transfer No. 12. In all other respects the exceptions filed are overruled and the commissioner’s report confirmed.