Opinion
March 20, 1946.
Burlingham, Veeder, Clark Hupper, of New York City (Chauncey I. Clark, and Charles E. Wythe, both of New York City, of counsel), for petitioner.
Kirlin, Campbell, Hickox Keating, of New York City, and Rawle Henderson, of Philadelphia, Pa., for Curtis Bay Towing Co., of Pennsylvania, owner of Tug Hercules, claimant, in support of motion.
Hill, Rivkins Middleton, of New York City, for Ritner K. Walling, trading as Oliver Transportation Co., claimant.
Bigham, Englar, Jones Houston, of New York City, for claimant D.T. Sheridan.
Macklin, Brown, Lenahan Speer, of New York City, for claimant James Hughes, Inc.
Proceeding in the matter of the Tug Kevin Moran, Inc., etc., and the Margot Moran.
Order in accordance with opinion.
Motion denied.
I am not unmindful of The Aquitania, 2 Cir., 20 F.2d 457, 459. In that case the petition for limitation of liability was filed four years after the accident. The court there said: "Upon the facts here disclosed — that the amount of the claims is small compared with the value of the ship and that all possible claims have been received [the italicizing is mine] — the appellant is not entitled to limit its liability as petitioned for * * *."
In this case I can't say with reasonable certainty that all possible claims have been received. There still is a possibility that claims for personal injury may be made as well as claims for cargo damage.
Settle order on notice.