Norwich Co. v. Wright

Citations

• 80 U.S. 104
• 20 L. Ed. 585
• 13 Wall. 104
• 1871 U.S. LEXIS 1318

Syllabus

<p>1. The act of Congress of 1851, limiting the liability of ship-owners, includes collisions, as well as injuries to cargo; so that if a collision happens between two vessels at sea, and one of them is in fault without the privity or knowledge of her owners, the latter will only be liable for the amount of their interest in the vessel and her freight then pending; and that amount being paid into court, if insufficient to pay all the damages caused, will be apportioned pro rata amongst the owners of the injured vessel and of the cargoes of both vessels in proportion to their respective losses.</p> <p>2. This liability of the ship-owners may be discharged by their surrendering and assigning to a trustee for the benefit of the parties injured, in pursuance of the 4th section of the act, the vessel and freight, although these may have been diminished in value by the collision, or other casualty during the voyage; and, it seems, that if they are totally lost the owners will be entirely discharged.</p> <p>3. In this respect the act has adopted the rule of the maritime law as contradistinguished from that of the English statutes on the same subject.</p> <p>4. The District Court, sitting as a court of admiralty, has jurisdiction of cases arising under the act, -and may administer the law as provided in the 4th section.</p> <p>5. The proper course of proceeding in such a case pointed out.</p>