New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-26
Owners Liability Conten-
ton Upheld, but Claimants
Prepare for Test.
ACCEPT BURDEN TO
PROVE NEGLIGENCE
Technical Points Settled, Lawyers
Hold-To Renew Fight
for $16,O00,000.

o
day that the White Star Line, or thu
Oceanic Steam Navigation Company.
Limited, was under the protection OF
the United States limited liability Inv
In defending suits brought against Il
as owner of the Titanic, counsel for
claimants prepared last night to prove
that the accident was due to negN-
gence. and that ii was the company
and not the officers that should be held
liable
rms decision. which was announced
ny Justice Holmes, only Justice Nc
henna dissenting in no way affects
suits brought against the company in
other countries.
In the United States courts. however.
it puts the burden on several hundred
: claimants, and is an obstacle in the
way Of the recovery OF any but nominal
amounts on suits for S16.S5O,362.
Law Limits Liability.
The United States revised statutes
limit the owners liability in the
Titanic case to 1900. the value of
the vessel after the disaster and the
freight and passage moneys for til.
voyage
A. Leonard Brougham, Of &c Liberty
b., counsel for about two hundred
claimants, announced that the decision
did not go beyond the technical point
of law, regarding how the case should
be judged. He emphasized the fact
mat the claimants would still contend
that, even under the American law. the
steamship company was not entitled to
limitation.
The accident was due largely TO
the fault of the steamship company it,
| SELL, he explained, both in the de-
signing and building Of the ship. espe-
cially in the failure to furnish suff-
cient lifeboats.
The English courts have already
held that the steamship company was
responsible for the disaster and we
are confident that the American courts
| after hearing the testimony will decide
likewise"
George Whitefeld Belts, jr., of Hunt.
Hill q Belts. 165 Broadway. empha-
sized the point that yesterdays decis-
Ion was on a contention raised by the
defendant company, which In the pro-
ceeding became the plaintiff. that the
case should be tried under the limited
liability statute.
Open for Damage Suits.
Now that this has been settled" said
Mr.. Belts, "a trial of suits for dam
ages will be moved in the United States
District Court" Just how much can be
recovered, he maintained, will depend
entirely on the ability to prove its lack
of responsibility for the accident.
The United States Supreme Court
to day decided the case of the Titanic
in favor OF the White Star Line" was
the introduction to q statement issued
the company, Birmingham, Montgom-
cry e. Beecher, q William st.
This statement then went on to ex-
plain the origin OF the proceeding
brought to a conclusion yesterday, and
cited the defendants position as one OF
reliance in the inevitable, the sinking
OF the Titanic having happened with
out the privity or knowledge OF the
line.
Several OF the ella INFANTS excepted to
this contention, and the court decided
in their favor.
The lower courts ruling, through
Judge George c. Holt, was that a Brit
ish vessel which is in collision with an
iceberg on the high seas must seek
fixes the liability in such a case at
Els a ton.
The questions were certified TO the
United States Supreme Court as fol-
lows:
"(a) Whether in the case OF disaster
upon the high seas, where % only sin
gle vessel Of British nationality is con-
cerned, and there are claimants of many
different nationalities, and where (2) there
is nothing before the court to show what.
IL any, is the law of the foreign country
to which the vessel belongs touching the
owners liability for such disaster. such
owner can maintain in district court OF
the United States a proceeding under
sections 1923, 4.2S4 and 4,2S of the United
States Revised Statutes and the 54th and
18th rules IN Admiralty
"(b) Whether. If in such a case 1t APP
pears that the law Of the foreign country
70 which the vessel belongs makes pro-
vision for the limitation OF the vessel
owners liability, upon terms and condi-
lions different from those prescribed in
the statutes OF this country, the owner OF
such foreign vessel can maintain pro-
ceeding in the courts OF the United States
under said statutes and rules?
ON the event OF the answer to question
~ being in the affirmative:
"(c) Will the courts of the United States
in such proceeding enforce the law OF the
United States or OF the foreign country IN