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a sea valve connecting with one of the
pumps having been left partially open,
which was a fault in the management of
the vessel, from liability for which the
owner was protected by Harter Act Feb.
13, 1893. c. 105, c. 105, § 3, 27 Stat. 445 (U.
S. Comp. St., 1901, p. 2946); it being af-
firmatively shown that the valve was in
good condition and that it was properly
closed when the cargo was loaded and at
the commencement of the voyage. Sun
Co. V. Healy, 163 Fed. 48, 89 C. C. A. 300.

30. Leaving valve open while water
pumped into engine tank. — Where a ship
was at the commencement of a voyage in
all respects seaworthy, and properly
manned, equipped, and supplied, damage
to a sugar cargo from fresh water which
escaped into the hold where the sugar
was stowed while the cargo was being
discharged, by reason of a valve having
been improperly left open while water
from the river was being pumped into the
engine tank, was due to a fault in the
management of the vessel, for which she
is exempted from liability bv § 3 of the
Harter Act (Act Feb. 13, 1893, c. 105, 27
Stat. 445 [U. S. Comp. St., 1901, p. 2946]),
The Wildcroft, 130 Fed. 521, 65 C. C. A.
145, affirmed in 26 S. Ct. 467. 201 U. S.
378, 50 L. Ed. 794; S. C, 124 Fed. 631.
rehearing denied, 126 Fed. 229.

31. Tipping vessel to examine propeller.
— The tipping of a vessel by the head by
the master while discharging cargo for
the purpose of examining her propeller,
and having nothing to do with the dis-
charge of the cargo, was an act of man-
agement of the ship within § 3 of the
Harter Act (.A.ct Feb. 13, 1893, c. 105, 27
Stat. 445 fU. S. Comp. St.. 1901. d. 29461),
and, where the owner had complied with
the requirements of said section at the
commencement of the voyage neither he
nor the vessel is liable for a resulting in-
jury to the cargo. The Indrani, 177 Fed.
914, 101 C. C. A. 194.



§§ 4538-4340



CARJRIIJR;



4068



tain or heed warnings of the weather bureau ^- and his determination to change
his course and complete the voyage by another route after encountering rough
weather and without putting in for repairs,^^ ^re faults or errors in navigation.
So, also, the injury of a cargo by water by reason of the failure to close a port
for which an iron shutter was provided, after the glass cover had been broken
out by the seas, where the cargo was so placed that the port was readily acces-
sible, was due to a fault or error in navigation or in the management of the
vessel, within the Harter Act (27 Stat., 445, c. 105, § 3) ; and neither the ves-
sel nor her owners are liable therefor.^'*

§ 4539. Loss before Commencement of Voyage. — Section 3 of the Har-
ter Act (Act Feb. 13, 1893, c. 105, 27 Stat., 445 [U. S. Comp. St., 1901, p.
2946]), which exempts the owner of a vessel from liability for loss or injury
to cargo resulting from faults or errors in navigation or in the management
of the vessel if he has exercised due diligence to make the vessel in all respects
seaworthy and properly manned, equipped, and supplied, applies only to the
vessel after the voyage has commenced, and can not be invoked by an owner
to relieve him from liability for cargo lost while the vessel is loading, through
the negligence of those in charge in permitting her to settle on the bottom and
list until deck cargo fell overboard. ^•'"

§ 4540, Loss from Negligent Loading and Stowage or Unloading. —

The provisions of the Harter Act do not relieve a ship from liability for dam-



32. Failure to ascertain or heed warn-
ings of weather bureaus. — The naviga-
tion and management of a vessel within
the meaning of § 3 of the Harter Act.
Act Feb. 13, 1893, c. 105, 27 Stat. 445 [U.
S. Comp. St., 1901, p. 2946), inchides the
determination of the time and manner of
leaving port, which is the prerogative of
the master: and under said section, where
a vessel was seaworthy and in all respects
properly manned, equipped, and supplied,
the owners are not liable for a loss or
damage to cargo due to a peril of the
seas, even though the exposure to such
peril was through the fault of the master
in failing to ascertain or heed the warn-
ings of the weather bureau before start-
ing on the voyage. Hanson v. Haywood
Bros., etc., Co., 152 Fed. 401, 81 C. C. A.
527.

33. Change of course — Failure to put in
for repairs. — A ship bound from Antwerp
to San Francisco with a cargo of cement
encountered such rougli weather in at-
tempting to round Cape Horn and was
subjected to such strain that her deck
seams opened and a part of the cargo was
damaged by water. She finally abandoned
the attempt and completed the voyage by
way of the Cape of Good Hope and Aus-
tralia. At the time of her change of
course she was 370 miles distant from
Port Stanley, where she could have been
repaired; but she did not put in for re-
pairs, and before she reached Australia
the cargo received further damage by rea-
son of the open seams. Held, that the
change of course and also the determina-
tion of the master to proceed without
putting in for repairs were matters per-
taining to the "navigation and manage-



ment of the vessel," within Harter Act
Feb. 13, 1893, c. 105, § 3, 27 Stat. 445 [U.
S. Comp. St., 1901, p. 2946], and not to the
custody^ care, or proper delivery of the
cargo, within the meaning of § 2, and
that, assuming the vessel to have been
in all respects seaworthy, and prop-
erly manned, equipped, and supplied at
the beginning of the voyage, she was ex-
empted by the act from liability for the
damage caused or contributed to by the
failure to repair. Corsar v. Spreckels &
Bros. Co., 141 Fed. 260, 72 C. C. A. 378.

34. The Silvia, 19 S. Ct. 7, 171 U. S. 462,
48 L. Ed. 241, affirming judgment 68
Fed. 230. 15 C. C. A. 362, which affirms
decree 64 Fed. 607.

35. Loss before commencement of voy-
age. — Steamship Wellesley Co. v. Hooper
& Co., 185 Fed. 733.

Section 3 of the Harter Act (Act Feb.
13, 1893, c. 105, 27 Stat. 445 [U. S. Comp,
St., 1901, p. 2946]), which exempts the
owner of any vessel transporting property
from liability for loss or damage thereto
resulting from faults or errors in naviga-
tion, or in the management of the vessel,
if he has exercised due diligence to make
such vessel in all respects seaworthy and
properly manned, equipped, and supplied,
applies only to a vessel after the voyage
has commenced, and can not be invoked
by an owner to relieve him from liability
for loss of cargo through the careening
and sinking of a vessel at the pier before
she was fully loaded, due to the negli-
gence of a watchman in failing to adjust
her lines to permit her to drop with the
tide. Ralli v. New York, etc.. Steamship
Co., 154 Fed. 286, 83 C. C. A. 290.



4069



LIMITATIONS OF LIABILITY,



i§ 4540-4541



ages to cargo resulting from negligence in stowage 3« or loading st at the port
of loading or negligent unloading at the port of destination/^^ as, for instance,
vvhere the ship is rendered topheavy by improper loading-'* and lists and
smks. thereby damaging her cargo, or where a ship topheavy by reason of a
coatmg of ice above her deck is unloaded without regard to the ice above her
deck lists so as to bring her port below the water.^o And negligence in loadin^^^
and stowing at a port of call, whereby the ship gets down by the head, so thai
sugar stowed next to wool, with a temporary bulkhead between, drains for-
ward, and damages the wool, is not negligence^ "in the management of the ves-
sel," within the meaning of the Harter Act, so as to relieve the owners from
liability.-'i

§ 4541. Loss of Tow and Cargo by Tug.— Section 3 of the Harter Act,
exempting vessel owners from liability for loss or damage to cargo under cer-
tain conditions, does not exempt the owner of a tug from liability for loss
of a tow and its cargo, through negligent towage, because it was also char-
terer of the tow and carrier of its cargo.42



36. Loss from negligent loading and
stowage or unloading. — Decree 113 Fed.
985, affirmed in The Mississippi, 120 Fed.
1020, 56 C. C. A. 525.

The provision of the Harter Act ex-
empting a vessel from liability for damage
or loss to cargo arising from faults or er-
rors of navigation or the management of
the ship does not concern the proper
stov^age of cargo at the port of lading.
The Palmas. lOS Fed. 87, 47 C. C. A. 220.

37. Improper loading. — The Oneida, 128
Fed. 687, 63 C. C. A. 239, reversing 108
Fed. 886.

38. Unloading. — The Germanic, 107 Fed.
294, modified in 124 Fed. 1, 59 C. C. A.
521. affirmed in 25 S. Ct. 317, 196 U. S.
589. 49 L. Ed. 610.

39. Ship topheavy from improper load-
ing. — A ship started on her voyage with
a list of 8 or 9 degrees, which increased
to such an extent, in consequence of her
improper loading, that it was imprudent
to proceed, and she put in at an inter-
mediate port. Having opened a port to
readjust the cargo while lying at a pier,
the ship gave a sudden lurch, which
brought the port under water, and she
sank, damaging the cargo. Held, that the
damage was attributable to her initial in-
stability, which rendered her unseaworthy
at the beginning of the voyage, and for
the consequences of which the owners
were not exempted from liability by the
Harter Act. Decree 108 Fed. 886, re-
versed in The Oneida, 128 Fed. 687, 63 C.
C. A. 239.

40. A ship on entering port at New
York during extremely cold weather in
February was coated above her deck with
some 200 tons of ice, which rendered her
topheavy and gave her a list to starboard
of 4 to 5 degrees even when laden. Be-
ing several hours late, in order to be
ready for her outward voyage the master
cornmenced discharging immediately and
rapidly, at the same time taking in coal



on both sides, the most of which was
stowed above the water line. After most
of her cargo in the lower hold had been
discharged, and her list had increased to
about 8 degrees, she rolled over to port;
and in doing so the cover of a coal port
on that side was broken off, leaving the
opening only about a foot above the
water. By shifting cargo and stopping
the loading of coal on the port side, she
was again rolled back, but no means were
taken to close the open port, and the
loading of coal proceeded until she was
nearly filled to the main deck. The wind
had been strong all day, and in the even-
ing increased to a velocity of 52 miles, but
the ship was protected on either side to a
considerable extent by buildings on the
piers. About 5 hours after she first rolled
to port, and when her list to starboard
had greatly increased, she again went
over, and, carrying the open port below
the water, filled and sank, damaging the
cargo on board. Held, that the damage
could not be attributed to the wind to
such an extent as to relieve the ship from
liability, since she would not have been
endangered but for her unstable and top-
heavy condition, due to negligent and in-
considerate manner of unloading her
cargo, without any regard to the great
weight of ice above her deck, and to the
equally negligent loading of the coal and
failure to close the open port, all of which
was negligence of the ship in handling the
cargo, for which she was not exempted
either by the Harter Act or her bills of
lading. The Germanic. 107 Fed. 294, mod-
ified in 124 Fed. 1, 59 C. C. A.- 521. affirmed
in 25 S. Ct. 317, 196 U. S. 589, 49 L. Ed.
610.

41. Decree 76 Fed. 582, affirmed in Bot-
any Worsted Mills v. Knott, 82 Fed 471
27 C. C. A. 326; S. C, 21 S. Ct. 30, 179 u!
S. 69, 45 L. Ed. 90.

42. Loss of tow and cargo by tug. The

Murrell, 200 I-cd. 826, decree affirmed in



§§ 4542-4545



CARRIERS.



4O70



§ 4542. Collision. — The Harter Act has no application to a coUision be-
tween two vessels, and does not therefore affect the liability of a vessel to
another with which it may come into collision, notwithstanding one or both of
such vessels be laden wnth a cargo.'*"'

§ 4543. Personal Injuries and Death by Wrongful Act.— Injuries to
passengers are not within the exemptions of the Harter Act.**^

§ 4 544. Liability for Passengers' Effects. — Claims for loss or damage
to passenger's personal baggage, not shipped as merchandise and not paying
freight, are not within the exemptions of the Harter Act.^-^

§ 4545, Right to General Average Contribution. — The exemption of a
shipowner who has exercised due diligence to make the vessel seaworthy and
properly manned, equipped, and supplied, from liability for the negligence of
master and crew, which is declared in the Harter Act of February 13, 1893
(27 Stat., at L., 445, chap. 105. U. S. Comp. Stat., 1901, p. 2946), § 3, does not
of its own force entitle the owner to share in the benefits of a general average
contribution to meet losses occasioned by faults in the navigation and manage-
ment of ship, 4*' but it leaves such owner free to make a valid contract with the
cargo owners under which contribution in general average may be enforced for
sacrifices made subsequent to the negligent stranding of the vessel, in a suc-
cessful effort to save the vessel, freight, and cargo.^" So far as the Harter
Act has relieved the shipowner from responsibility for the negligence of his
master and crew, it is no longer against the policy of the law for him to con-
tract with the cargo owners for a participation in general average contribution
growing out of such negligence; and since the clause contained in the bills of
lading lidmits the shipowner to share in the general average only under_ cir-
cumstances where by the act he is relieved from responsibility, the provision
in question is valid, and entitles him to contriliution under the circumstances
stated.-*^



Baltimore, etc.. Barge Co. z'. Eastern Coal
Co., 195 Fed. 483, 115 C. C. A. 393.

Section 3 of the Harter Act. exempting
the owner of a vessel transporting mer-
chandise, where he has exercised due dili-
gence to make her in all respects sea-
worthy, from liability for loss resulting
from faults or errors in navigation, gov-
erns the relation between the vessel and
the cargo with which she is herself laden,
and does not exempt the owner of a tug
from liability for loss of the cargo of a
barge through negligent towage, though
such owner was also the owner pro hac
vice of the barge, and was in fact the car-
rier of her cargo. Baltimore, etc.. Barge
Co. V. Eastern Coal Co., 195 Fed. 483,
115 C. C. A. 393.

^3. Collision.— The Delaware, 161 U. S.
459. 40 L. Ed. 771, 16 S. Ct. 516; The
Chattahoochee, 173 U. S. 540, 43 L. Ed.
801, 19 S. Ct. 491; The Albert Dumois,
177 U. S. 240, 44 L. Ed. 751, 20 S. Ct. 595.

44. In re California Nav.. etc., Co., 110
Fed. 678; The Rosedale, 88 Fed. 324. indg-
ment affirmed in 92 Fed. 1021. 35 C. C. A.
167; The Kensington. 88 Fed. 331. decree
affirmed in 94 Fed. 885, 36 C. C. A. 533,
and reversed in 22 S. Ct. 102, 183 U. S.
263, 46 L. Ed. 190. See The Chattahoo-
chee, 173 U. S. 540, 43 L. Ed. 801, 19 S.



Ct. 491; The Hamilton. 207 U. S. 398. 52
L. Ed. 264, 28 S. Ct. 133. See ante, "Per-
sonal Injuries and Death by Wrongful
Act," § 4504.

45. Liability for passenger's effects. — In
re California Nav., etc., Co., 110 Fed. 678;
The Rosedale. 88 Fed. 324, judgment af-
firmed in 92 Fed. 1021, 35 C. C. A. 167;
The Kensington. 88 Fed. 331, decree af-
firmed in 94 'Fed. 885, 36 C. C. A. 533, and
reversed in 22 S. Ct. 102, 183 U. S. 263,
46 L. Ed. 190.

46. Right to general average contribu-
tion.— The Irrawaddv, 171 U. S. 187, 43
L. Ed. 130, 18 S. Ct. 831; The Chatta-
hoochee, 173 U. S. 540, 43 L. Ed. 801, 19
S. Ct. 491.

"The point of the decision in The Irra-
waddy, 171 U. S. 187, 43 L. Ed. 130, 18 S.
Ct. 831 (and as an authority the case goes
no further), is, that while the Harter Act
relieved the shipowner from liability for
his servant's negligence, it did not of its
own force entitle him to share in a gen-
eral average rendered necessary by such
negligence/' The Tason, 225 U. S. 32, 56
L. Ed. 969. 32 S. Ct. 560.

47. The Jason, 225 U. S. 32, 56 L. Ed.
969. 33 S. Ct. 560.

48. The Jason. 225 U. S. 32, 56 L. Ed.
969, 33 S. Ct. 560.



4071



LIMITATIONS OF LIABILITY,



§§ 4546-4549



§ 4546. Duty of Master of Stranded Vessel. — The duty resting upon the
master of a negligently stranded vessel, irrespective of whether the negligence
falls within the exemption from liability made by the Harter Act of February
13, 1893, § 3, or not, demands only the exercise of every reasonable effort to
save the imperiled property, and does not extend so far as to call for a sacrifice
of part of the owner's property, if necessary to save the cargo. -^^

§ 4547. Application to Foreign Vessels. — It is settled that the Harter Act
will be applied to foreign vessels in suits brought in the United States. ^^ The
third section of the Harter Act (27 Stat., 445), exempting the owner of a sea-
worthy vessel from responsibility to the cargo for loss or damage occurring
through faults or errors of navigation, which is expressly applicable to "any
vessel transporting merchandise or property to or from any port of the United
States." includes a foreign vessel carrying cargo from a foreign to an Amer-
ican port.^^

§§ 4548-4576. Proceedings to Limit Liability — § 4548. Nature of
Proceedings. — The proceeding to limit liability is not an action against the ves-
sel and her freight, except when they are surrendered to a trustee,^- but is
an equitable action, not in any sense inconsistent with the admiralty jurisdic-
tion. ^^ Such proceedings are admiralty cases.^*

§ 4549. Forms and Rules of Procedure. — The adoption of forms and
modes of proceeding requisite and proper for giving due effect to the mari-
time rules thus adopted by congress, and for securing to shipowniers its bene-
fits, was strictly within the powers conferred upon the supreme court. ^-^ In
promulgating the rules referred to, this court expressed its deliberate judg-
ment as to the proper mode of proceeding on the part of shipowners for the
purpose of having their rights under the act declared and settled by the de-



49. Duty of master of stranded vessel.

—The Jason, 225 U. S. 32, 56 L. Ed. 969,
32 S. Ct. 560.

50. Application to foreign vessels. — The
Germanic, 196 U. S. 589, 49 L. Ed. 610,
25 S. Ct. 317; The Chattahoochee, 173 U.
S. 540, 43 L. Ed. 801, 19 S. Ct. 491; Knott
V. Botany Worsted Mills, 179 U. S. 69,
45 L. Ed. 90, 21 S. Ct. 30; The Silvia, 171
U. S. 462. 43 L. Ed. 241, 19 S. Ct. 7; The
Carib Prince, 170 U. S. 655, 42 L. Ed.
1181, 18 S. Ct. 753. See, also. The Scot-
land, 105 U. S. 24, 26 L. Ed. 1001; The
Frey, 92 Fed. 667.

51. The Chattahoochee, 19 S. Ct. 491,
173 ,U. S. 540, 43 L. Ed. 801. affirming de-
cree 74 Fed. 899, 21 C. C. A. 162.

The provisions of § 3 of the Harter Act
(27 Stat. 445, c. 105), which relieves ves-
sels and their owners from liability for
loss or damages to the cargo resulting
from faults or errors in navigation or in
the management of the vessel, where the
owners have exercised due diligence to
inake her seaworthy, and have her prop-
erly equipped, manned, and supplied, ap-
plies to foreign vessels carrying goods to
or from ports of the United States. The
Silvia, 19 S. Ct. 7, 171 U. S. 462, 43 L. Ed.
241, affirming judgment 68 Fed. 230, 15
C. C. A. 362, which affirms decree 64 Fed.
607; Doherr 7'. The Etona, 64 Fed. 880,
decree affirmed in 71 Fed. 895, 18 C. C. A.
380.



52. Nature of proceedings. — In re Mor-
rison. 147 U. S. 14, 37 L. Ed. 60, 13 S. Ct.
246.

53. In re Morrison, 147 U. S. 14, 37
L. Ed. 60, 13 S. Ct. 246; Oregon R., etc.,
Co. V. Balfour, 179 U. S. 55, 45 L. Ed.
82, 21 S. Ct. 28.

54. Oregon R., etc., Co. v. Balfour, 179
U. S. 55, 45 L. Ed. 82, 21 S. Ct. 28.

55. Providence, etc., Steamship Co. v.
Hill Mfg. Co., 109 U. S. 578, 27 L. Ed.
1038, 3 S. Ct. 379, 617; Oregon R., etc.,
Co. V. Balfour, 179 U. S. 55, 45 L. Ed. 82,
21 S. Ct. 28.

The power of the supreme court to pre-
scribe rules regulating proceedings under
the act of 1851, was first recognized in
the case of Norwich Co. v. Wright (U.
S.), 13 Wall. 104, 20 L. Ed. 585, at De-
cember term, 1871, and has been reaffirmed
in many subsequent cases, to wit: The
Benefactor, 103 U. S. 239, 26 L. Ed. 351;
The Scotland, 105 U. S. 24, 26 L. Ed.
1001; Providence, etc.. Steamship Co. v.
Hill Mfg. Co., 109 U. S. 578, 27 L. Ed.
1038, 3 S. Ct. 379, 617; Butler v. Boston,
etc.. Steamship Co., 130 U. S. 527, 32 L.
Ed. 1017, 9 S. Ct. 612; and In re Mor-
rison, 147 U. S. 14, 37 L. Ed. 60, 13 S.
Ct. 246; Oregon R.. etc., Co. v. Balfour,
179 U. S. 55, 45 L. Ed. 82. 21 S. Ct. 28.

These rules will be found at the com-
mencement of 13 Wall, xii, xiii. Rules of
f'ractice in Admiralty.



^§ 4549-4550 carriers. 4072

finitive decree of a competent court, which should be binding on all parties in-
terested, and protect the shipowners from being harassed by litigation in other
tribunals. ^*^

Power of District Courts to Supplement. — By the act of Congress which
authorized it to prescribe the forms of proceeding in equity and admiralty
causes ; and where the general regulations adopted by that court do not cover
the entire ground, it is undoubtedly within the power of the district courts, as
courts of admiralty, to supplement them by additional rules of their own.^"

Rules Extend to Circuit Courts on Appeal. — The supreme court has an-
nounced a general rule, extending to the circuit courts on appeal the regulations
which have heretofore been adopted for the district courts in cases of proceed-
ing to obtain the benefit of a limited liability under the act.^^

Do Not Preclude Other Remedy, — The admiralty rules were not intended
to prevent an owner from availing himself of any other remedy or process
which the law itself entitles him to adopt, but to aid him in bringing into con-
course those having claims against him arising from acts of the master or
crew.^^

Rules of Decision as to Speed Permissible in Fog. — The international
rule as to speed permissible in a fog, as interpreted by the courts of the United
States, and not by the practice under that rule prevailing in the French courts,
must be ai:)plied in a proceeding by the owner of a French vessel lost in a
collision with a British ship on the high seas, to obtain, in the courts of the
United States, the benefit of the law of the United States for the limitation
of liability of shipowners. ^"^

§ 4550. Jurisdiction, Venue and Courts, — The courts of admiralty juris-
diction have power to enforce the Limited Liability ActS''^

District Court. — The proper district court, designated by the rules of the
supreme court or otherwise indicated by circumstances, has full jurisdiction
and plenary power as a court of admiralty to entertain and carry on all proper
proceedings for the due execution of the law, in all its parts.'^^

The circuit courts of the United States have no jurisdiction of such cases. '^^

56. Providence, etc., Steamship Co. v. Providence, etc.. Steamship Co. v. Hill
Hill Mfe. Co., 109 U. S. 578, 27 L. Ed. Mfof. Co., 109 U. S. 578, 27 L. Ed. 1038
10.38 3 S. Ct. 379, 617; Ore£?on R., etc., 3 S. Ct. 379, 617; The City of Norwich
Co. V. Balfour. 179 U. S. 55, 45 L. Ed. 118 U. S. 468, 30 L. Ed. 134, 6 S. Ct. 1150:
82, 21 S. Ct. 28. The Scotland, 118 U. S. 507, 30 L. Ed

57. Power of district courts to supple- 153, 6 S. Ct. 1174; Butler 7'. Boston, etc.
ment.^-Providence, etc., Steamship Co. ■;:'. Steamship Co., 130 U. S. 527, 32 L. Ed
Hill ^U^. Co., 109 U. S. 578, 27 L. Ed. 1017, 9 S. Ct. 612; Oregon R.. etc., Co. v
1038, 3 S. Ct. 379, 617; Oregon R., etc., Balfour, 179 U. S. 55, 45 L. Ed. 82, 21 S
Co. r. Balfour, 179 U. S. 55, 45 L. Ed. 82. Ct. 28.

21 S. Ct. 28. 62. District court. — Providence, etc.

58. Rules extend to circuit courts on Steamship Co z;. Hill Mfg. Co., 109 US
appeal—The Benefactor. 103 U. S. 239, 578. 27 L. Ed. 1038. 3 S Ct. 379 617
26 L Ed 351 Oregon R., etc., Co. v. Balfour, 179 U. S



59. Do not preclude other remedy. — Ex



55, 45 L. Ed. 82, 21 S. Ct. 28. See, to the
same effect, Norwich Co. v. Wright (U



parte S layton. 105 U. S. 451 26 L. Ed. g^ ^3 ^^jj ^^^^ ^^ ^ -^^^ 5g5_

1066; The Scotland, IO.d U. S. 24. 26 E. .^j^^^ jurisdiction to limit the liabilitv

lid. 1001. q£ shipowners was conferred upon the

60. Rules of decision as to speed per- district courts by the act of congress of
missible in fog.— Judgment, La Bour- March 3, 1851. 9 Stat. 635, c. 43. carried
gogne, 144 Fed. 781, 75 C. C. A. 647. af- forward into §§ 4282 to 4229 to the Re-



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