The Silverpalm

This is a petition of the Silver Line, Limited, a corporation, of the Kingdom of Great Britain, to limit its liability for the damages arising out of the collision which occurred on October 24, 1933, between its motorship, the Silverpalm, and the United States cruiser, Chicago. The collision occurred in a fog on the high seas about twenty miles from Point Sur, California. The responsibility for the collision was before this court in the trial of the libel and cross-libel in the case entitled United States of America vs. Silver Line, Limited, No. 21666, in which the Silverpalm was held solely at fault for the collision. The petition of the Silver Line to limit its liability in damages to the value of the Silverpalm and her freight then pending rests upon provisions of title 46, section 183 of the United States Code Annotated, R.S. § 4283.

The issue before the court is whether the Silver Line, Limited, has shown that the losses complained of have been done, occasioned, or incurred, without the privity or knowledge of the Silver Line. The testimony and the exhibits are voluminous and time does not permit, in this opinion, an analysis and detailed review of all the evidence presented…