The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-12-18
Important Decision.

Washington, II. = The Supreme
Court to-day rendered a decision OF
great importance to shipOwners. in
the case of the Providence and New
Y ork Steamship Co., plaintiffs In
error, against the Hill Manufactur-I
ing Co. The suit hinged upon the|
effect and construction to be given
to the ACT of Congress of March 8,
1851, entitled IAN act to limit the
responsibility of shipowners." In
May, 1868, the Hill Manufacturing
Co., of Boston, delivered to the
plaintiffs in error quantity of
goods to be transported by their
steamers to New York city. The
goods " ere carried safely to New
York, but before being unloaded
the steamer burned at the dock, by
fire originated IN a build
ing on the shore. Damage
suits were thereupon instituted
in New York and Boston by the
owners of the goods against the
owners of the steamship. The lat
ter responded by instituting pro-
ceedings in the United States Dis.
trict Court of New York to limit
their liability under the act Of Con-
gress mentioned. This act p DIVIDES
that ship owners shall be exempt
from liability for losses on board
ships by fire, unless caused by the
design or neglect of the owners ;alsO,
that the liability of shipowners for
embezzlement, loss or destruction OF
goods on board ships incurred
without the privity OF such
owners, shall in no case exceed the
amount or value of the interest of
owners in such goods and freight.
Under this clause the steamship
company offered to pay into court
the whole amount of its interest in
the burned steamship, to be divided
equitabiy among the owners of the
destroyed goods, and asked to be
dis .harged from further liability.
The offer was accented by the court
and q decree was entered fOrbidding
the owners of the burned goods, in
GLIDING the Hill Manufacturing
Company, to further prosecute their
claims. The Hill Company ,notwith-
standing the prohibition. continued
to press their suit in Massachusetts
finally obtaining from the Supreme
Court of Massachusetts, judgment
in its favor for the full amount Of
its loss. The Steamship 20. sued
out writ of error and brought the
case to the Supreme Court for a
final determination of the question
whether the institution of proceed
ings in the United States District
Court to limit its liability under the
act of Congress superseded and
barred the prosecution of claims fol
the same losses and injuries. The
opinion of the Supreme Court is
very elaborate. 1t holds, first, that
the proceedings of the District
Court of the United States. under
the above act, so limit the liability
of owners. that it supersedes
all other actions in suits fol
the same loss or damage in
State or Federal courts; the
other suits ought to cease after pro-
ceedings limiting the liability have
been instituted and the value OF the
ship and proceeds have been paid
into court. Second-The Massa-
chusetes State court erred in going
On with the case after proceedings
were begun in the United States
District court, which, under the acl
of Congress referred to, had full
jurisdiction and plenary power
The value and importance OF this
law, the court says, to our mar
thine commerce, can hardly bt
estimated, but the value OF the Law
legally depends upon the manner II
which it is administered. Its grea'
| value will be entirely destroyed by
allowing its administrator to b.
hamperf d or interfered with by va
rious conflicting jurisdictions.
The judgment of the supreme
Court of Massachusetts is reversed
| and the cause remanded, with d.
rections to take such further pro-
90. dirgc IS NAV be N acferda"c'