The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-19
A LIMITED LIABILITY.
Losers by Annie Faxon Wreck
Must Share Pro Rata.
OPINION BY JUDGE HAnFoRp.

Owners Pay Only Appraised Value
Maritime Statute Extended to
Inland waters.
Tne wreck o. the steamer Annie Faxon
through . boiler explosion on Snake
river. August "A. lsas. threw the
question OF the owners liability
4 Tor loss OF life and property into
the United States district court, and Judge
Henford has just decided the case He
hollis that the LIABILITY Is llnased by the
| appraised value OF the vessel and pend
| ang freight In this decision, which has
been made under the Dsngiey shipping act
| OF l84. Judge Hanford has gone step be-
| yorsd any previous ruling. and has ex-
| tended the provisions OF the statute TO
every description OF vessel employed in
| inland navigation
story OF the Disaster.
The Annie Faxon was owned by the
| Oregon Railway & Navigation Company,
and was operated under lease TO the Ore
gon Short Line q Utah Northern Railway
Company. The boat prior to the explo-
sion ran between Raparia, Wash, and
Lewiston. Idaho. and carried q certificate
OF inspection dated December T. lssa, al
icvsag a maximum steam pressure OF Is
pounds TO tie square inch. In June. 1888.
the mad-ring IN the boiler was reraaced
by new one and other repairs were
made, but no inspection followed 10 deter
mine whether the boiler was In safe con-
dition. The day the accident occurred the
steamer was going down stream, with q
pressure OF no pounds of steam and the
safety valve set to blew of at Is pounds
The entire upper works was destroyed by
the force OF the explosion, ami eight per-
sons were killed and fifteen wounded
Among the killed were John and Thomas
Macintosh, and among the injured were
Lewis I. Isawton and Daniel II. Bectfoa.
The Companies Seek Protection.
Upon petition OF the Oregon Railway
and Navigation Company as owner and
the Oregon Short Line & Utah Northern
Railway Company as iessees. the court.
as court OF admiralty to adjudicate their
liability for the damages resulting from
the explosion. made an order for the APP
praIsement of the vessel and freight pend
dng, and requiring all persons Claiming
or their Claims. The order also forbade
the prosecution of any suit for damages
until the final determination of the cause.
The appraisement showed a valuation OF
1880. Among the claimants were Lawton
ana Bechtoa the injured passengers, and
the WIDOWS of John and Thomas Mackin-
Vosh' VINO appeared each as the adninis-
tratrix Of her husbands estate. Each OF
tne Claimants claimed personal injury and
sought damages, taking the position that
the injuries complained had been causesi
by the negligence OF the companies, their
servants and agents. and contesting the
right OF the owner and lessee of the boat
to have the benefit Of the limited liability
| act.
1ibeiants Remain In Court.
While claiming the benefit OF law limit
Ing the liability of ship owners, the libel
ants denied all negligence on the part of
their agents as wen as themselves, and
prayed that the court decide that the yes-
sci and owners TO be entirely EXEMPT
from liability. Preliminary to the bearing
on the merits tie claimants moved to
dismiss the proceedings on the ground
that by the above litigation as TO llabil-
fty the Hbelants had pleaded themselves
out OF court, the argument being that IL
the agents and servants were free from
al blame the limited liability law was
not applicable. for IL the owners had been
guilty OF negligence the law did not entitIe
10 any relief. and II not guilty they Were
not liable at all. This motion was denied
by Judge Hanford by a per forma ruling
at the time. which was afterwari con-
nr7ned, In accordance with rules and de-
cisaons or the supreme court empha tically
declaring the right OF parties in the stu
alton OF thu hhelants to have in one pro-
ceeding In admiralty n fun and final de-
termination OF all questions affecting their
Liability. and IL exempt to have a decree
forever foreclosins the right to ltigate
concerning the same matter.
In passing upon this phase of the action.
the court quoted from the comments OF
Mr.. Justice Bradley in his decision OF the
case OF Providence & New York Steam
ship Company VS.. Hin Manufacturing
Company tioe L. 8. 57s-eD7l. to The effect
that the court was vested with authority
TO make such rule The subject was one
prominently Of admiralty jurisdiction,
The rule OF limited liability. prescribed by
TIE act OF 1851. being nothing more than
tho old maritime rule administered
in courts OF admiralty in all
countries except England from time
inmemor!ai: and IL the regula tons
adopted by the supreme court ssla
not cover the entire ground the dis
trfct ana circuit courts as courts OF adj
less there was proper mode for proceed
PIGMENT them BY rules az their own Tn
less there was a proper mode foproceed-
Ing On the paFv OF ship owners for the
purpose Of having their rights settled by
q definite decree which should be binding
on all the parties interested. there was
nothing 10 prevent ship owners from be-
ing harrasseyi by iitsgations in other trab-
unals. The question 10 DE settled was
first, whether the ship or ia owrers are
liable at al az that point was contested
and had rsot been deciaeaD. and, secondly
Il liable. whether the owners are emitted
"a a limitation % iabsllty. These ques-
tons would necessarily have to be decided
by the district court having jurisdiction
OF the case. and it would have TO assume
entire control u the subject 10 the ex-
clgs.on OF other courts.
The Points Involved.
Taking up the case OF the Annie Faxon,
Judge Hanford says:
II am required therefore 20 decide in