The Hamilton

Citations

• 207 U.S. 398
• 28 S. Ct. 133
• 52 L. Ed. 264
• 1907 U.S. LEXIS 1234

Syllabus

<p>Until Congress acts on the subject^ a State may legislate in regard to the duties and liabilities of its citizens and corporations while on the high seas and not within the territory of any other sovereign.</p> <p>Where a fund is being distributed in a proceeding to limit the liability of the owners of a vessel, all claims to which the admiralty does not deny existence must be recognized, whether admiralty liens or not.</p> <p>The statute of Delaware giving damages for death caused by tort is a valid exercise of. the legislative power of the State, and extends to the case of a citizen of that State wrongfully killed while on the high seas in a vessel belonging to a Delaware corporation by the negligence of another vessel also belonging to a Delaware corporation. A .claim against the owner of one of the vessels in fault can be enforced in a proceeding in admiralty brought by such owner to limit its liability.</p> <p>When both vessels in collision are in fault the representatives of a seaman on one of the vessels, killed without contributory negligence on his part, may, in- a proceeding-to limit -liability, where an action is given by the state statute against the owner of the other vessel, recover full damages, and are not- limited to damages recoverable under the maritime law against the seaman’s own vessel for death or injury caused by negligence of the master thereof or his fellow servants thereon. ' Neither the seaman’s contract with the owners of the vessel he is on; nor the negligence of his own vessel, -nor any provision of the Harter Act affects the claim* against the other vessel.</p>