New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-22
TITANIC CLAIMS STAND.
Federal Court Refuses to Limit
Damage Liability.
JURISDICTION IS LACKING
Rule of the Scotland Case APP
piled by Judge Holt to Litiga-
ton Involving SIG, 604,721.

with claims aggregating $6GOi72l So
fled against the owners of the Titanic for
loss Of life and property aud for personal
injuries. the petition of the Oceanic Steam
Navigation Company. owners OF the
steamship, that their liability for damages
be- limited to $9l sos a was denied late yes
terday afternoon by Judge Holt in the
United states Distric, Court.
Va dismissne the petition Judge Holt
held that the American Admiralty Court
was without jurisdiction in tho proceed
ing.
LAYING ont Of view the authorities in
the case" he said. lit seems TO me that
three grea. fundamental principles Of law
relied on are decisive. The rule that the
Jaw Of no nation has any cXtraterTitorial
effect is universal The rule that ship
on the high seas is a part OF the country
10 which she belongs is universal The
rule that the liability for a tort Is gov
erred by the lex loci delict is universal
"If the owners of the Titanic under
these circumstances can obtain limlta-
ton Of their liability in this court they
could have obtained it If she had foun-
dor,d I'm the harbor of Southampton inn
mediatelv after she started on her voyage
and while still undoubtedly within the ter
ritorial Jurisdiction of England. If they
are entitled to limitation Of LIABILITY IN
this country they are entitled To iimit
their liability I'm all countries. according
to the law OF each country In which the
proceeding Is brought There were I'M
doubtedly upon the Titanic citizens or
many countries
Laws Of Other Nations Do Not Apply
is the liability Of the owners OF the
Titanic to be determined 10y the laws OF
each country in which the suits happen
10 Doe brought. mo- matter how much more
these laws differ Is one claim Ia be- de-
tcrnipod hv the law Of France II the SUIT
is brought i'm France. and others 10y the
law Of Germany or Italy or Brazil or
Japan merely because inc SUNS
brought thee?
1T seems 10 mo that such results coUld
not have been within the Intention oil
congress in passing the statute dimir
tton ~ iiahiltiesl. and that the rul' id'"
dawn bv the Supreme Court I'm the case
of the Scotland. that when a collision oc-
ours on the high seas between two vessels
Of the same country the liability OF their
owners is to bc determined by the Ia" OF
the country To- which the vessel belongs
APPLIES h. this case"
The fact Judge Holt added. that the
sinking of the Titanic ou April u. 1917
resulted from collision with an iceberS
does not affect the application OF IN"
british las in determining the liability or
her owners Therefore. be- held. they are
moi entitled 10 any exemptions under the
Tinted States statute limiting liability.
Under the present British law. he SAID
the owners Of ship. British or foreign
are liable FOR damages. In respect 10 loss
o. lIfe or personal injury. mp 20 90 FOR
each ton Of the ships tonnage. and In
respcc, To loss Of property they are liable
up to ts for each ton.
Wanted Liability Fixed at s9i.8o5 o..
IN the petition dismissed by Judge Holt
the Titanic owners asked that their lia-
bility be- limited under the United states
.t,tut. Ia their interest i'm the steamship