The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-21
COMPANY LIABLE
fORFULL DAMAGES
Law Set Forth in Litigation
Arising Out of Loss of
La Bourgogne.
DECISION WRITTEN BY WHITE
Conditions on the Titanic May
Make Harper Act
Imperative
tspecial to Tho Times-Dispatcn.1


Nav York, April 2o.-The presence
OF J. Bruce Ismay. managing director
of the company, on board the Titanic
the high rate OF speed maintained in
the proximity of Ice. and tho inade.
quacy OF lifeboats, It IS now contended,
Will make the Harper acts provisio nu
imperative and make the White Star
Company liable for full damages.
Tho Harper act limits recoverable
damages to tho value of the ship and
tbs passenger and freight receipts for
the particular voyage on which tho dis
aster occurred.
The aggregate amount would BIO
staggering when the amount of dam
ages allowed by iuries In this country
for deaths in railroad accid ants Is con-
sidered. The costs to the company
might run Into tons of millions. law
yers said to-day. II tho courts hold
that tho Harper act does not govern.
On behalf OF the heirs of some of tina
French victims, whose names he did not
care to mention. Maurice Leon has I'M
dcrtaken q study OF tho legal aspects OF
tho case. He Is a French lawyer
whose practice IN New York has been
largely IN International casss tnv3lv-
ing New York and Partisan banking
interests.
Mr.. Leon says that he found the law
on the subject very clearly set forth
in litisattons arising out OF the sinking
OF the La BourEogne. which want down
as n result of u collision in fog In 1898,
not far from where the Titanic met
with disaster Tho case was not decid-
cd by the Supreme Court of the United
States until lp0S. and the decision was
written by Justice White. who Is nov
Chief Justice.
Liability Made Clear.
In the decision. MIR. Leon points out,
tho liability of the company under cir
cumstances such as surrounded the
sinking of the Titanic was not only
made clear. but tho court quoted stat
utes relating TO tho lIfe-saving equip
inent TO be carried, which. In his
Judgment, were ample to force tho
big transatlantic liners TO take on
adequate equipment Immediately.
The exact language of the law may
be found in Revised Statutes, section
ii-4s. and Mr.. Leon cites that tho SUI
preme Court decision In the case OF
DesLions against lie Compagnie Gem
erale Transatlanttque quotes 1t as fol-
lows. as applying to lie Burgognc:
EVERY steamer now on the ocean
shall 10 provided With such number
Of lifcboats. RATS. life preservers and
drags. as will hest secure the safety
OF all persons on board"
Under this very clear opinion OF the
|
White Star Line would be cstoppcd
from pleading the Harper net In the
Titanic case, because there seems to
be no doubt that lifchoats and RATS
sufficient for only about .one-thrd OF
those on board had been Sprovided
Mr. Leon says he is not prepared to
estimate how much the ;company. m light
lose through suits. but he declares
IL lis fair TO suppose that for lives of
such men rs President HAYS. OF tho
Grand Trunk, lsidor Straus, Colonel
John Jacob Aston and BENJAMIN Gus
Eenheim jury might award damascs
or rs much as S25n,oo0 each Because
or the importance OF the first ella SIS
passengers as whole, he says. the
AVERAGE of damages might be very
niEh; An average OF $4,000 apiece
would bring the total damages I'm to
more than sl6.ooo.000. Suits over car
go losses would involve many mil
lions more.