In re Canadian Pac. Ry. Co.
District Court, W.D. Washington
In Admiralty. Petition of the Canadian Pacific Railway Company, as owner of the steamship Princess Sophia, for limitation of liability. On October 24, 1918, the Princess Sophia, owned by the Canadian Pacific Railway Company, stranded on Vanderbilt reef, in Lynn Canal, Alaska, and during the night of October 25th the vessel foundered, resulting in the loss of the vessel and cargo and of the lives of all of the passengers and crew on board. Suits for damages were ’ asserted.
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In Admiralty. Petition of the Canadian Pacific Railway Company, as owner of the steamship Princess Sophia, for limitation of liability. On October 24, 1918, the Princess Sophia, owned by the Canadian Pacific Railway Company, stranded on Vanderbilt reef, in Lynn Canal, Alaska, and during the night of October 25th the vessel foundered, resulting in the loss of the vessel and cargo and of the lives of all of the passengers and crew on board. Suits for damages were ’ asserted. On the 28th day of February, 1919, the owner petitioned this court, seeking to obtain the benefit of sections 4283, 4284,…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). [1] The first matter to be determined is the liability of the petitioners under the Riability Act. There is a distinction between a general liability for acts oE omission or commission with relation to imposed duties and liability under the limited liability act. A distinction, then, between the shipowner’s liability under the general maritime law and his liability under the Rimited Riability Act must be kept in mind. The shipowner is liable for any damage for loss caused by a defective condition of his vessel, either in equipment or crew, whether he had…
2Cases cited69 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The PennsylvaniaSupreme Court of the United States · 1874
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Campbell v. HoltSupreme Court of the United States · 1885
- The OregonSupreme Court of the United States · 1895
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3Cited by4 opinions
- Rautbord v. EhmannCourt of Appeals for the Seventh Circuit · 1951
- The ColumbiaDistrict Court, E.D. New York · 1927
- The MattieDistrict Court, E.D. New York · 1941
- Walter v. Netherlands Mead, N.V.District Court, Virgin Islands · 1973