In re Old Dominion S. S. Co.

Citations

• 115 F. 845
• 1902 U.S. Dist. LEXIS 245

Syllabus

<p>1. Shipping — Proceeding por Limitation op Liability — Loss op Cargo by Fire.</p> <p>In a proceeding by a shipowner in a district court for limitation of liability, the question whether a fire by which cargo was destroyed was caused by the design or neglect of such shipowner, so as to deprive it of the exemption from liability given by Rev. St. § 4282, if not previously adjudicated, will be determined by the court, and will not be left open to be determined by a jury in an action brought by the cargo owner for the purpose.1</p> <p>2. Same.</p> <p>Under Rev. St. § 4282, which provides that no owner of any vessel shall be liable for loss or damage caused to goods shipped by reason of fire on board the vessel “unless such fire is caused by the design or neglect of such owner,” the fact of such design or neglect must be affirmatively shown by a cargo owner to charge the shipowner with liability for a loss by fire.</p> <p>8. Same — Finding by State Court — Construction and Effect.</p> <p>A special finding by the jury, in an action in a state court by a cargo owner to charge a steamship company with liability for loss of goods by fire, that the goods were destroyed through the negligence of the defendant, will be given effect as conclusively establishing defendant’s negligence and liability in proceedings subsequently instituted by it for limitation of liability in a court of admiralty; but where under the laws of the state a corporation is chargeable with the negligence of its servants, so that the finding may have been based on the acts or omissions of the master or crew, it does not establish the fact that the loss occurred with “the privity or knowledge of the owner,” so as to deprive the company of the benefit of Rev. St. § 4283, giving it a right to limitation of liability for any loss occurring without its privity or knowledge, which must be that of its managing officers.</p>