In re La Bourgogne

Citations

• 117 F. 261
• 1902 U.S. Dist. LEXIS 71

Syllabus

<p>1. Shipping—Limitation op Liability—“Voyage” Defined.</p> <p>Where a steamship was engaged in making regular trips across the Atlantic from Havre to New York and return, each trip between the two terminal ports constitutes a “voyage,” within the meaning of tlie statute providing for limitation of liability of owners to their interest in the vessel “and her freight for the voyage” (Rev. St. § 4284); and the owner, in instituting proceedings thereunder for limitation of liability for claims arising out of the sinking of the ship in collision while on her way from New York to Havre, is not required to deposit the freight earned on the preceding trip from Havre to New York.</p> <p>8. Same—Construction op Statute.</p> <p>The construction of the statute as applied to such case cannot be affected by the fact that in a contract for carrying mails, between the ship and the French government, a round trip was designated as a voyage.</p> <p>8. Same—Proceeding por Limitation op Liability—Surrender op Pending Freight.</p> <p>By the terms “freight pending” and “freight for the voyage,” as used in Rev. St. §§ 4283, 4284, is meant the earnings of the voyage, dependent or contingent on its completion, whether for the carriage of passengers or merchandise; and where the vessel is lost before the voyage is completed, so that she earns neither passage money nor freight, the owner is not required to make-any deposit on account thereof in a suit for limitation of liability, although both passage money and freight were paid in advance under contracts which provided that the money should be the property of the carrier whether the vessel were lost or not lost.</p> <p>4. Same—Right to Limitation—Carrying Insuppicient Number op Boats.</p> <p>The owner of a steamship is not debarred from maintaining proceedings for limitation of liability on account of claims arising from her loss at sea on the ground that she was at the time violating Rev. St. § 4488,-requiring all steamers to be provided