Liability in Collisions Between Vessels: Hearings Before the Merchant Marine and Fisheries Subcommittee of the Committee on Commerce, United States Senate, Eighty-seventh Congress, Second Session, on S. 2313, to Unify Apportionment of Liability in Cases of Collision Between Vessels, and Related Casualties; and S. 2314, to Limit the Liability of Shipowners, and for Other Purposes |
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Abraham E action actual fault admiralty admiralty court admiralty law adopted amendment American claimants American shipowners amount Andrea Doria apply bill both-to-blame Brussels Convention burden carriers carrying vessel casualty Chairman Collision Convention committee crew damages Department draft enacted fact favor foreign FREEDMAN HAIGHT Harter Act ility injury and death injury claimants interests ision jurisdiction Justice legislation Liability Convention limit liability limitation fund limitation of liability limitation proceeding limitation statutes litigation loss Maritime Administration Maritime Law Association MATTESON ment Merchant Marine nator BARTLETT negligence noncarrying parties personal injury present presumptions of fault principle privity proposed provisions ratification Rault recover recovery representatives respect result right to limit rule Sea Act Senator BARTLETT ship shipowner's shipowners shippers SINGMAN sion Sirovich statement statutory Stockholm tion tonnage U.S. law underwriters uniformity United vention wner
Popular passages
Page 81 - That in every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers...
Page 263 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied...
Page 134 - Convention in respect of claims arising from any of the following occurrences, unless the occurrence giving rise to the claim resulted from the actual fault or privity of the owner...
Page 80 - Any High Contracting Party may three years after the coming into force of this Convention in respect of such High Contracting Party or at any time thereafter request that a conference be convened in order to consider amendments to the Convention. Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which shall convene the conference within six months thereafter.
Page 31 - Amalphitan table, of the ordinances of the Hanseatic League, and of parts of the marine ordinances of Louis XIV. They all became the law of the sea, not on account of their origin, but by reason of their acceptance as such. And it is evident that unless general assent is efficacious to* give sanction to international law, there never can be that growth and development of maritime rules which the constant changes in the instruments and necessities of navigation require.
Page 64 - That the admiralty and maritime jurisdiction of the United States shall extend to and include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land.
Page 187 - Provided that if, having regard to the circumstances, it is not possible to establish the degree of the respective faults, or if it appears that the faults are equal, the liability is apportioned equally. The damages caused, either to the vessels or to their cargoes or to the effects or other property of the crews, passengers, or other persons on board, are borne by the vessels in fault in the above proportions, and even to third parties a vessel is not liable for more than such proportion of such...
Page 80 - This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government...
Page 79 - Convention shall apply to the charterer, manager and operator of the ship, and to the master, members of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment...
Page 8 - If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default.