Page:Federal Reporter, 1st Series, Volume 8.djvu/295

THE ALPENA. 231 �2. Rbv. 8t. 554283,4284, and 42-?5— Mbastjhe of Liabilitt. �It seems that, under the statute, the measure of such petitionine; owner'a liability is the value of the vessel immediately af ter such loss or damage. �3. Admiralty Bulbs 54, 55, 56, and 57— PkacticE. �It seema that, if such owner fails to institute proceedings nntll after a suit has been brought by a loser, then he must commenee them in the same district court as that in which such suit was bn ujht. �In Admiralty. Petition for limitation of owner'a liability, etc., under sections 4283, 4284, 4285, Eev. St. �Cook e Upton, for petitioner. �Alfred Russell, for claimants. �W. H. Condon, for schooner Stoekbridge. �Blodgbtt, D. J. In this case the Goodrich Transportation Com- pany alleges that it is the sole owner of the steamer Alpena, her engines, taokle, apparel and furniture ; that such steamer was a vessel of upwards of twenty tons burden, duly enrolled and licensed for the coasting trade, and employed in the business of commerce and navigation between ports and places in different states and territd- ries upon the lakes and navigable waters connected therewith ; that on the sixteenth day of October, 1880, upon the waters of Lake Michigan and within the admiralty and maritime iurisdiotion of the United States, and while on a voyage from the port of Grand Haven, in the etate of Michigan, to the port of Chicago, in the state of Illinois, with a cargo consisting of goods, wares, and merchandise, and passengers, said steamer Alpena, in a severe gale, foundered and sunk with all her said cargo, passengers, ofucers, and crew on board, without the fault or neglect of duty of any of said officers or crew; and that such foundering, loss of life and cargo, was occasioned without the design, neglect, privity, or knowledge of the petitioner, or any of its officers or agents; that said steamer was, when she en- tered upon said voyage, in good seaworthy condition, and properly officered, manned, and equipped; that said steamer, her engines, tackle, apparel, and furniture, except some of the upper portion of her cabin, her piano, a few cabin doors, two small boats, and a piece of her main deek with the capstan attaehed, lies sunk in the waters of Lake Michigan, as nearly as petitioner can ascertain, off or south of the town of Holland, in the state of Michigan. �The petitioner further states that the owners and consignees of goods on board said steamer were very numerous, and the petitioner nas reason to believe that numerous suits'may be brought by the ownors of said cargo against the petitioner, as owner of said steamer, for the loss of suuh cargo, and also that suits will be brought against ��� �