The Norco

NETERER, District Judge.

The suitor (movant), pursuing his common-law remedy in the state court for personal injury by negligence (section 24, Jud. Code [28 USCA § 41]), obtained judgment, and thereupon the judgment debtor petitioned this court for limitation of liability “to charterer’s interest in the vessel (etc.) * * * and freights, and passenger moneys pending on the voyage (etc.) * * * ” (section 4283, R. S. [46 USCA § 183]).

The right to limit is challenged, for that there being only one claimant and the value of the interest in the vessel was not pleaded and determined in the state…