Hartford Accident & Indem. Co. v. So. Pac. Co., 273 U.S. 207 (1927)

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Hartford Accident & Indemnity Company v.

Southern Pacific Company
No. 45

Argued December 2, 1926
Decided February 21, 1927
273 U.S. 207

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

1. Where a shipowner sues in admiralty to limit his liability from negligent management of his vessel to the value of the vessel and pending freight, the proceeding does not necessarily terminate if his prayer is denied, but the Court may thereupon proceed to adjudicate all the claims coming from the accident, whether independently cognizable in admiralty or not, after the manner of a court of equity, and render judgment both in rem and against the owner in personam. P. 213.

2. A stipulation ad interim in such proceedings takes the place of the vessel and freight, and even when the shipowner’s application to limit liability is denied, the stipulator may be required to pay their value into court for application to allowed claims and costs. P. 218.

3 F 2d 923 affirmed.

Certiorari (267 U.S. 590) to a decree of the Circuit Court of Appeals which affirmed a decree of the district court requiring a stipulator for value in a limitation of liability proceeding to pay into court the value of its principal’s vessel and pending freight.