Legal Opinion

The Main v. Williams

Supreme Court of the United States

Decided March 5, 1894No. 233PublishedCited by 93 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. This was an appeal from a decree entered in a proceeding taken to limit the liability of the owners of the steamship Main for a collision with the steamship Montana, in respect to her “ freight pending.”

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. This was an appeal from a decree entered in a proceeding taken to limit the liability of the owners of the steamship Main for a collision with the steamship Montana, in respect to her “ freight pending.” The proceedings were begun by a petition filed by the Nord Deutscher Lloyd, owner of the Main, setting forth the filing of a libel against the steamship for a collision with the steamship Montana, which occurred in the Patapsco Liver on January 5,1889, wherein was claimed a sum largely in excess of the value of…

1Opinion of the CourtJustice Brown

This case raises two questions: (1) as to whether, under Revised Statutes, § 4283, the liability of a ship owner for the “freight then pending” extends to passage money; and, (2), whether it extends to freight prepaid at the port of departure.

1. By the common law, as administered both in England and America, the personal liability of the owner of a vessel for damages by collision is the same as in other cases of negligence, and is limited only by the amount of the loss and by his ability to respond. Wilson v. Dickson, 2 B. & Ald. 2; The Dundee, 1 Hagg. 109, 120; The Aline, 1 W. Rob. 111; The…

2Cases cited3 opinions

  1. New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
  2. Giles v. The CynthiaDistrict Court, D. Pennsylvania · 1801
  3. State v. SparksTexas Supreme Court · 1864

3Cited by93 opinions

  1. Lauritzen v. LarsenSupreme Court of the United States · 1953
  2. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
  3. La BourgogneSupreme Court of the United States · 1908
  4. Sacramento Navigation Co. v. SalzSupreme Court of the United States · 1927
  5. British Transport Commission v. United StatesSupreme Court of the United States · 1957

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