The Llewellyn J. Morse

Good Law
25 F.2d 973·1928 A.M.C. 854·1928 U.S. Dist. LEXIS 1143
United States District Court, Southern District of CaliforniaApril 27, 1928No. 2610California2,255 words

Opinion

Lead Opinion

Neterer, J.

Prior to statutory regulation, the liability 'of owner of a vessel for damages at sea was limited only by his ability to pay, under the civil law as well as the maritime law. Emerigon, “Contrats a la' Crosse,” C-4, § 11. Oleron or Wisby or Hanse Towns suggest no restrictions. Consolato del Mare first limited liability of the owner to his share in the ship. Vinnis says the owner was not liable beyond the value of the ship and the things in it. The Hanseatic Ordinance of 1644 held the owners discharged from claims by saie of the ship to pay them. The Ereneh Ordinance of 1681 discharged the owner upon surrender of the ship and freight; a like limitation in Ordinance of Rotterdam, 1721. The sense of the French Ordinance was carried into the Commerce Code of France, art. 216, and other European and South American countries; Argentine Code, art. 1039; Brazilian Code, art. 494; Belgian Code, art. 216; Chilean Code, art. 879; German Maritime Code, art. 452; Italian Code, art. 311; Code of the Netherlands, ear. 321; Portugese Code, art. 1345; Russian Code, art. 649; Spanish Code, arts. 621, 622. During the reign of George H, 1734 (7 George H, c. 15), England enacted its first limitation…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.