Robinson

This appeal is brought by claimants for loss of life and personal effects from a decree limiting petitioner’s liability for such claimed loss in the wreck of petitioner’s steamship Nevada off Amatignak Island of the Aleutian group on September 27, 1932, on a voyage to Asiatic ports. The decree in granting limitation made findings establishing negligence in the petitioner’s navigating officer, proximately causing the wreck, absence of privity, and knowledge in petitioner, and the amount of the fund for limitation. Thus it completely disposed of the issue of petitioner’s right to a limitation of liability.

The proceeding for limitation of liability is sui generis. It presents two separate issues. One is whether the petitioner may take from the claimants their right to proceed at common law with its jury trial. The other is based on the right of common-law action of the claimants against petitioner expressly given by statute for these death claims. 46 U.S.C.A. § 688 . A decree favorable to claimants on the first issue is final. It is strongly arguable that since it is a paramount issue, separate in character, a decree adverse to claimants is likewise final. The Supreme Court has…