Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-18
SUPREME COURT DECISION.
a Decision of ihe Greatest Importance te
shipowners as Wei rs ts ShiIpsrs.

n
shipowners as Well RS to Shippers.
WASHINGTON, Dec. 1.-THE supreme
court rendered decision of great import
ance to all ship owners, in the case of the
Providence g. New York Steamship COM
pany, plaintiff, in error, against the Hill
Manufacturing company. The principal
question raised relates to the effect to be
given the act of Congress of May 3, 1851,
entitled, san act to limit the responsibility
of ship owners and for other purposes"
In May, 1858, the Hill Manufacturing
company, Boston, delivered to the Provi-
dsnce d New York Steamship company a
quantity of goods to be transported by
steamer to New York city. The goods ar
rived savely in New York bat before un-
loaded the steamer was burned at the dock
by tire which originated in q building
on shore. Suits for damages thereupon
we're instituted in New York and Boston BY
the owners of the goods against the own
ers of the burned steamship. The latter
responded by iRstituting proceedings in
tho United States district court in the
southern district of New York, to limit the
liabilities under the act of 1851 above re-
ferred to, which provides in it's first sec
tion that ship owners be exempt from liza
bility for losses on board ships by fire,
unless Che fire is caused by design or ne
glect of the owners, and in the third Sec
tioa, that the liability of ship owners for
embezzlement, loss or destruction of goods
on board ships incurred without the knowl
edge of such owners, shall in no ease ex-
ceed in amount or value of the interest
of the owaers IN the ship or vessel
~I TV kha of
proceedings the steamship company en-
tered into stipulation to pay into court
the whole amount Of its interest in the
burned steamship, to be divided equally
among the owners of the destroyed goods
and asked to be discharged from further
liabilities. The stipulation was accepted
by the court, and decree was entered for
bidding owners of the burned goods, in
Guiding the Hill Manufacturing company
to further prosecute the claims for dam
ages on account of their destruction. The
Hill Manufacturing company, norwith-
standing the prohibition continued the
present suit in Massachusetts and finally
obtained from the supreme court of that
state judgment in its favor. The steam
ship company sueda a writ of error and
brought the case here for final determine
tion. The question whether the iDstitu-
tion of proceedings in the United States
district court limit It's liabilities at 1851,
superseded and barred the prosecution of
claims for the same Losses and injuries in
other courts. The court in long and
elaborate opinion holds: 1st. The pro-
csedings in the district court of the United
States Under the act Of 1851 TO submit liza
bility Of shipowners supersedes all
other actions for suits for the same loss
and damages in the state Or federal courts
and other actions aud suits ought TO cease
after the proceedings limiting liability had
been Instituted, and the value of the ship
and procseds been secured and paid into
court, whether the court issue an lniunc-
ton or not. I'd. Loss and damage by
fire on board of ships are within the re-
lief of the third as we'll as the first section
of the act. Sd. The Massachusetts state
court erred in going on with tbs case
after proceedings were begun in the
United States district court, which under
the act CT 1851 had full jurisdiction and
plenary power. The value and import
apce of this law the court says, to our
maritime commerce can hardly be esti-
mated, but the practical value of it
depends on Ethe smanner in which it is
administered. If courts having executed
it, asminister it in the spirit of the
fairness with the visw of giving to ship
owners the benefit of the immunities.
intended to be secured, and the encourage
ment which it will afford to commercial
operations will be at least of Importance,
but if administered with tight hand, aud
constructing every clause most unfavor-
ably against the ship owner, and allowing
as little as possible to operate in his favor,
the law is hardly worth the trouble Of its
enactment. It's value and efficiency will
also be greatly diminished, if not entirely
destroyed, by allowing its administration
to be hanpered and interfsred with by
! the varieus conflicting jurisdictions. The
judgment of the supreme judicial court
of Massachusetts, was reversed, and the
cause remanded, With directions to take
such further proceedings as may be in
accordance with this opinion.
Red Figure Sale..