The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-03-31
DAMAGE SUITS CHECKED.
FRENCH IINE GETS IN INJUNCTION
A4tINST ROURG OGNE CLAIMANTS.

Forty Actions Pending In This country
Against the Company. the Aggregate
Amount Involved Being Over Si 300 ooo
Court Asked TO Set Limit on Liability'
The Compnnnie Generate Trnnsatlantidhe
have begun proceedings In the United states
courts to free themselves from any pecuh'ary
liability for the loss Of lives In the laundering
Of the French Line steamship La BourRoRh'
In July. 1874 The multiplicity OF lawsuits IN
which the company was involved by reason OF
tho various nationaliti.s and places of resi-
dence Of the victims ~ the disaster ana the'r
h. ira and legal representatives made the
actions for damages Il matter OF serious
moment to the company So 'ar the adludlca-
ton of the courts has avored the CON pany, but
the list Of actions begun Is a long on" anu tue
end Of litigation was not In sight. rms la'cst
move OF the company. In all probability. brings
II n'arer.
The law firm OF Jones X Gown. counsel Tor
the company. has made Application to Judge
Brown IN the United States District Court Tor
the southern District of New York to limit tho
liability OF the company and to restrain tue
~lit,gan,s in different parts OF this couGtry from
the prosecution o. their several suits Tor JAM
ages. The application Is mace unuer thc
statute providing that a ,~h.po"ners llaDillty
in damages in cas-" Of disaster at sea shall be
limited to the value Of h vessel ana her
freight after the acct !ent. The piocec ''h9'.
however. have two objects. the Limitation o,
Liability ani the bringing 81 al ne su ts.sl,
law now pen ing in different Iirts OF the
country together INFO the le,cral court Tor
this district. whore IT. Is hoped 10 estop their
further prosecution.
II is conlentel that as the Bourgogns sank
with her freight and IA beyond recovery. the
loss being tu'al. the company L. relieved OF any
responsibility IN damages Whatever, anu = rui
ing OF The court to this etcc' Il hsk"d, Pend
ing n .h-arlng. an injunction restraining the
prosecution o. sui. = which have becn begun III
Nrw Dreams, san Franri,co, On cago. ph;lh-
been granted hy Judge Brown Judge Brown
s.gnru the otdrr for The temporary injunction
on Thur,layi making the rtores,rs rrtn!nnn,'
pany IS granted, the in junction VIII lie maze
French and English tribunals have already
given Judgment tavoral i" TO the company IN
suits growing out of the loss ot the Bour-
Ro.ne anla decision has heen given In tbs
country to the effect that the court was with
out jurisdiction In the matter OF a ~collsloh
between French aud an English vessel on
the high seas. If the present proceedings in
the interest of the con rany are successful the
company will not only be relieved Ol perunlary
liabIlIty but will be reed from legal blame or
responsibility tor the disaster.
The trrnch company has from the beginning
denied responsibility Tor the col l-lon o, the
! ourgogne AMI the CIomartNshirc. setlLE
forth that tn Bourgognr,s officers and crew
dld al that was reauirrl 10y law on mem OF
that il was possible for them to DO both before
and after tn" accident TO prevent i or to save
lie. IL the present proceedings the company
laws the entire blame upon the British snip.
alleging that the collision was caused solely
by thu fault and ncgiigenc" OF the Cromarty.
shire in the following particulars: lD mat
the CrOmartySh' re was proceeding az 2
high and dangerous rate OF speed. ana
with a ful, or nearly full head OF sail in adenNe
fox that she wGs not provided with an efficient
fog horn and did not sound the fog horn with
which she was provided in the manner pre-.
srrlhed Ivy law that sh' did not have a sum:
cient lookout. and was otherwis" shorthanded
In officers and men charged with her naviRa;
ton that when her officers and men learned
OF .the presence OF La Bourgoene. and OF the
danger and immincncv OF The collision. they
did nothing whatever 10 avoid It. and that the
Cromartyshire Jailed TO stand 10y and render
assistance TO La BolrgoGne.'
IL il charged that whlie fOurgOgne's officers,
real zing the serious nature OF their ship IN
lurles. brought her to "A stop ana signalled the
Cromariyshire for assistance, the tromarty-
shire raid no heed and tailed to perform her
duty TO stand by and render assistance to La
Bouigogne.
The suits pending in this country against
the com rany number about forty and the
dam .pps ask al apprppata over 81 .DDDND.