Page:Federal Reporter, 1st Series, Volume 5.djvu/613

IN EE LONG ISLAND, ETC., TBANSPOETATION 00. 601 �has been adopted by the United States, and therefore since the pass- age of the act this nile ol limited liability, though not bef ore adopted, bas been part of the maritime law of the TJnited States. �Claims for personal injury caused by fire and explosion on board a steam-boat prosecuting her voyage on the East river, are claims, ftie liability for which is limited by the statute. �Claims for damages given by a state statute to the administrators or relatives of a person killed by such flre or explosion, are cases of marine tort, cognizable in the courts of admiralty, and are among the claims the liability for which is limited by the statute. �If a petition by a ship-ovrner, under the statute, does not state a case within the admiralty and maritime jurisdictioa of the United States, and nevertheless a monition issues, and on the return of the monition the petioner amends his petition by adding allegations bringing the case within the jurisdiction, it seems that the court should not proceed to a decree, to be operative upon parties who have not appeared, without issuing an alias monition upon the amended petition. �Whether a transfer of the ship and freight made to a trustee under the order of the court, where the reg was sold by the trustee prior to such araendment of the petition, -would avail the petitioner as a sur- render under the statute, qumre. �Statute 1871, c. 100, § 43, (Bev. St. 4493,) which provides that the OTvner shall be liable for injuries to the person and baggage for full damages in case the explosion, flre, etc., happens through any neg- lect or f allure to comply with the provisions of lavr for the regulation of steam-vessels, or through known defects of the steaming appara- tus or of the hull, does not take claims for personal injury or loas of baggage out of the limited liability statute. Rev. St. 4282 et seq. It merely imposes a further condition, of the limitation of liability in those classes of cases, that the injury did not happen by reason of any of the causes mentioned in section 4493. �The provision of Rev. Bt. , § 4285, that " after such transfer of the ship and freight ail claims and proceedings against the owner shall cease," makes the jurisdiction of the district court after such trans- fer, and ponding the proceeding, absolutely exclusive, and gives power to the district court to restrain by order the prosecution of any suit growing out of the disaster theretofore commenced andthen pending in a state court. The exercise of this power is not probited by Rev. St. ^ 720, which provides that " the writ of injunction shaU not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be author- ized by any law relating to any proceedings in bankruptcy. �W. D. Shipman and J. Larocque, for petitioners. �F. R. Coudert, Leo. C. Dessar, Albert Cardozo, Bush e Clark, H. B. Kinghorn, Geo. Wilcox, and W. De F. Edwards, for sundry claimants. ����