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THE BENEFACTOR, 103 U. S. 239 (1880)

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U.S. Supreme Court

The Benefactor, 103 U.S. 239 (1880)

The Benefactor

103 U.S. 239

APPEALS FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF NEW YORK

1. A shipowner who, on the trial of the issue as to the cause of collision, contests all liability whatever is not thereby precluded from claiming the benefit of the limitation of liability provided by sec. 4283 of the Revised Statutes.

2. After such trial, a decree declaring his ship to be in fault and fixing the damages which the respective libellants sustained is res judicata, and until reversed must stand as the basis for determining their pro rata share of the fund substituted by stipulation for the ship and freight. On filing his petition for limited liability, the libellants, until final action shall be had thereon, should be restrained from enforcing the decree.

3. Semble that the stipulation on filing that petition should be for the value of the ship after the collision, with the addition thereto of the freight then pending, it not appearing that her value was subsequently diminished.





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