The Palerno
| Jurisdiction | England & Wales |
| Judgment Date | 10 December 1884 |
| Date | 10 December 1884 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Butt, J.
The Palerno
FranconiaDID=ASPM 4 Asp. Mar. Law Cas. 1 39 L. T. Rep. N. S. 57 3 P. Div. 164
Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), s. 21, sub-sect. 4
Merchant Shipping Act 1887 (30 & 31 Vict. c. 124), s. 9.
Limitation of liability — Foreign ship — Crew space
MARITIME LAW CASES. 369 ADM.] THE PALERMO [ADM. Dec, 9 and 10,1884. (Before BUTT, J.) THE PALERMO, (a) Limitation of Mobility - Foreignship - crew space - Merchant Shipping Act 1854 (17 & 18 Vict.. c. 104),s, 21, sub-tact. 4 - Merchant Shipping Act 1867 (30 & 31 Vict. c 124), s. 9. The owners of a foreign ship,in limiting their liabiliiy, are entilled to the deductions in restpect of crew space allowed by the Merchant Shipping Act 1854, s. 21, the-act. 4, if the provisions of that Act have been complied with, altheugh there hot been no compliance with the requirements of the Merchant Shipping Act 1867,s. 9. THIS was an action for limitation of liability by the owners of the German steamship Palermo in respect of damage occasioned by a collision with the steamship Rivoli on the 25th Aug. 1883. In consequence of the collision, the Rivoli sank and five of her crew were drowned. In a damage action instituted against the Palermo, the Court pronounced both vessels to blame for the collision. The plaintiffs, by their statement of claim, alleged as follows; 4. The plaintiffs admit that the said collision was partly caused by tin improper navigation of the Palermo. 5. The claims of all the personal representatives of these of the craw of the Rivoli who were drowned against the plaintiffs have been satisfied. 6. The collision occurred witheut the actual fault or privity or the plaintiffs. 7. The plahmffc believe that the claims ageinattbsa ia respect of the loss of the Rivoli, and of the goods, merchandise, and personal effesta en beard her at the tine of the collision will exceed the sggrogato aooaat of 81. per ton on the gross tesnage ofthe .Palermo, as calculated for the purpose of limitation of liability. 8. Tee gross tonnage of the Palermo, alter due allowance In respect of cloeed-in spaeee on tits upper deck solely appropriated to the berthing of the erew was I048'0B tons. (b) (a) Reported by J. P. ASPINALL and BUTLER , ASPINALL, Esqrs., Barristers-at-Law. (b) The sols question in this ease was whether the owners of the foreign ship, in calculating the tonnage of their ship for the purpose of limiting their liability, were entitled to deduct crew space, and no question teems to hare bean raised aa to the quantum of the deduction; bat it wUl be noticed that upon the figure given, the gross capacity of the ship - viz., 1071-91 tens, less crew space, viz., 27 98tons - eqnale 1044-01 tons, and set 1048.06 tonsas claimed.-ED. 9. The turn of 6t. per ton en the gross tonnage of the Palermo, after deducting crew space as aforesaid, is...
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