The Federal Reporter. Volume 139 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. September-December, 1905. Page: 433
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(Circuit Court of Appeals, Second Circuit. June 23, 1905.)
1. ADXMIALTY-APPEAL-'ATTERS REVIEWABLE.
A decree in admiralty in proceedings for limitation of liability adjudg-
ing the rights of the parties and referring the cause to a commissioner to
take testimony on claims for damages is reviewable on an appeal taken
after the entry of a final decree on the commissioners' report, although the
time for taking an appeal from the first decree had expired, such decree
being in its nature interlocutory.
2. SIPPING-LIMITATION OF LIABILITrrY-FEIGHT PENDING.
By the terms "freight pending" and "freight for the voyage," as used in
Rev. St. $I 4283, 4284 [U. S. Comp. St. 1901, p. 29431, is meant the earnings
of the voyage, whether for the carriage of passengers or merchandise, and
where passage or freight money is prepaid under contracts by which it
becomes the absolute property of the shipowner whether the voyage is
completed or not, it must be regarded as earned, although the vessel I"
lost, and must be surrendered by the owner to entitle him to a limitation
of liability under the statute for claims growing out of such loss.
[Ed. Note.-Llmitation of shipowner's liability, see note to The Long-
fellow, 45 C. C. A. 387.]
8. SAME-"VOYAGE" DEFINED.
The earnings of the voyage which a shipowner is required by the stat-
ute to surrender in order to obtain a limitation of liability for losses occur-
ring on such voyage are those only of the particular voyage which exposed
the passengers or property to risk; and where a steamship was engaged in
making regular trips across the Atlantic from Havre to Now York and re-
turn, discharging her passengers and cargo at each terminal port, each of
the trips between such ports constitutes a voyage, within the meaning of
the statute, and in proceedings for limitation of liability for claims arising
out of the sinking of the ship in collision while on her way from New York
to Havre the owner is not required to surrender the earnings of the pre-
ceding trip from Havre to New York.
4. SAME-FBEIGHT FOR Tsa VOYna-GOVERNMENT SUBSIDY.
In proceedings by a French steamship company under Rev. St. 4284
[U. S. Comp. St. 1901, p. 2943], for limitation of liability for claims aris-
ing out of the sinking of one of its ships while on a voyage from New York
to Havre, the "freight for the voyage" which the petitioner is required by
the statute to surrender cannot be construed to include any part of an
annual subsidy paid to the company by the French government, in consid-
eration for which the company agreed to build and maintain a weekly
steamship service between Havre and New York, the vessels to be built
in France and to be of a character, size, speed, and equipment specified,
and subject to the use of the government in case of war or other extraor-
dinary political circumstances, and to transport gratuitously all mails
and specie for the use of the state. In such case it is impossible to deter-
mine what part of subsidy is to be considered as compensation to any sin-
gle vessel for transportation of the mails on a single trip.
5. S E--CLAIMS FOR Loss or LIFE--LAw GOVERNING.
Under the general law that the territorial sovereignty of a state extends
to a vessel of such state when it is upon the high seas, the law of France,
which authorizes a recovery for loss of life against a vessel in fault there-
for, governs in proceedings by the owner of a French vessel in the courts
of the United States for limitation of liability for claims arising out of
the sinking of such vessel in collision on a voyage across the Atlantic, and
claims for loss of life resulting from the collision may be proved against
the fund paid in if the vessel is held in fault.
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The Federal Reporter. Volume 139 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. September-December, 1905., legislative document, 1906; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38185/m1/444/: accessed November 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.