Thommessen and Another v. Whitwill. 1

Citations

• 118 U.S. 520

Syllabus

<p>The decision in The Oity of Norwich, mite 468, in relation to the time when the value of the owner’s interest in the ship is to be taken for fixing the amount of his liability, applied to a case where the offending ship did not sink in consequence of the collision, but was afterwards sunk and wrecked in the same voyage by the negligent navigation of those in charge of her ; this sinking being held to be the termination of the voyage.</p> <p>The decision in the same case as to insurance repeated.</p> <p>Limited liability may be claimed, 1st, merely by way of defence to an action ; or, 2d, by surrendering the ship or paying her value into court. The latter method is only necessary when the shipowner desires to bring all the creditors claiming damage into concourse for distribution.</p>