The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-08-04
Tho Last Of a Great Ocean Tragedy.

Aho AooS VI ehOos oCooh hEn&ouSs
On the fourth day of July, 1893, the
French steamship La Bourgogne collided
with the British ship Cromartyshir6 In
the Atlantic Ocean about sixty miles OF
Sable Island. The steamer sank shortly
after the collision, carrying down with
her the captain, most Of the officers,
many Of the q and all the saloon pas
sengers except n inmate Of the second
cabin. Although just ten years has
elapsed since this disaster the litiga-
tions to which 1t gave rise have only re-
Gently been terminated by q judgment
Of the Supreme Court OF the United
States, which is reported In the last
pamphlet number Of the decisions Of
that tribunal.
This decision is Of much interest not
only as the last step in the history OF the
notable tragedy Of the sea but by reason
Of the fact that it exonerates from any
moral responsibility for the disaster the
corporation which owned the steamer.
Under the general maritime Law OF
Europe when a vessel is lost through
the negligence Of the captain or the crew
the owners Of the vessel, If they them
selves are innocent of any negligence
or wrongdoing, are responsible In dam
ages only to the extent OF their pecu-
mary interest in the ship. Thus II the
vessel is totally lost as the result OF a
collision the innocent owners are not
liable in damages at all. II there is a
partial loss their liability extends only
to the value of that portion of the vessel
or cargo which is saved.
This rule OF the general maritime law
of Europe was adopted in this country
many years ago by act Of Congress, and
the Federal legislation on the subject Is
now embodied in a series OF sections of
the Revised Statutes Of the United States.
Section 42S5 of the Revised Statutes
provides that the liability of the owner
Of any vessel for the loss or destruction
Of any property, goods or merchandise
thereon or for any loss, damage or injury
by collision without the privity or knowl-
edge of the owner shall in no case exceed
the amount or value OF the interest of
JDC owuCt vi oVuCib VII OilC VESSEL dIlu
her freight then pending. The law also
provides in the case Of the loss OF a ship
by collision that the owners may insti-
tute an appropriate proceeding in a court
Of admiralty to limit their liability In, the
manner thus indicated; and for that pur-
pose they must pay into court an amount
equal to the value Of the property saved
from the wreck and the freight received
by them on account Of the voyage in the
course OF which the collision occurred.
In the case Of La Bourgogne the owner
was the Compagnie Generate Transit
lantique, and this corporation two years
after the wreck presented a petition to
the United States District Court in this
city asking that It's liability on account
Of the persons and property lost by reason
Of the collision might be duly limited
under the statute to which we have
referred. The petition alleged that the
collision was solely due to the faulty
navigation Of the Cromartyshire, but
that even II La Bourgogne was to blame
the negligence OF her captain was CONF
mitted without the privity or knowl-
edge of the owners. Only a few life
boats and RATS were saved from the
sunken vessel. and the value Of these and
the pending freight was declared to be
only one hundred dollars. As against this
sum paid into court there were claims
against the steamship OF her owners to
recover damages for loss Of life and
baggage amounting to hundreds OF
thousands of dollars.
In the United States District Court
and in the Circuit Court Of Appeals 1t
was decided that the steamship COM.
pany was not priyy to or ohargeable