Walker v. Transportation Co.
Supreme Court of the United States
“ An act to limit the liability of ship-ozwzers and for other purposes,” passed by Congress March 3,1851,* enacts by its first section that no owner or owners, of any ship or vessel, shall be liable to answer for any loss or damage which may happen by reason or means of fire on board said ship or vessel, “ unless such fire is caused by the design or neglect of such owner or owners.”
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“ An act to limit the liability of ship-ozwzers and for other purposes,” passed by Congress March 3,1851,* enacts by its first section that no owner or owners, of any ship or vessel, shall be liable to answer for any loss or damage which may happen by reason or means of fire on board said ship or vessel, “ unless such fire is caused by the design or neglect of such owner or owners.” The same section contains a proviso that “ nothing in the act shall prevent the parties from making such contract as they please, extending or limiting the liability of such owner.” And the sixth section enacts…
1Opinion of the CourtJustice Miller
1. The answer to the first of the two questions above presented, and which we have to consider, depends upon the construction to be given to the act of Congress. That the owners of vessels were liable at common law in the case stated in the question, had been decided by this court in the case of the New Jersey Steam Navigation Co. v. The Merchants’ Bank. * That decision led.to the enactment of the statute. The statute has been the subject of consideration in this court before, in the case of Moore and others v. The American Transportation Co. The policy of the act, its relation to the act of…
2Cited by43 opinions
- State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Earle & Stoddart, Inc. v. Ellerman's Wilson Line, Ltd.Supreme Court of the United States · 1932
- The RepublicCourt of Appeals for the Second Circuit · 1894
- Norma C. Guillot, Bobbie Lynn Guillot and Norman Andras v. Cenac Towing Company, Inc., as Owner of the Barge Murray MacCourt of Appeals for the Fifth Circuit · 1966
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