The "Spirit of the Ocean."
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1865 |
| Date | 03 March 1865 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 388
HIGH COURT OF ADMIRALTY
Referred to, The "Northumbria," 1869, 3 Ad. & Ecc 336; the "Hopper," No 66, [1906] P. 44; the "Yarmouth," [1909] 2 K. B. 299, Asratic Petroleum Co Ltd v. Lennard's Carrying Co. Ltd, [1914] 1 K B 437.
[336] the "spirit of the ocean." January 31; March 3, 1865-Limited liability-Eegistration-" Owners "-25 & 26 Viet c 63, s 54 -The word " owners " in the 54th section of the 25th & 26th Viet c 63, which gives limited liability in certain cases to " the owners of any ship," includes unregistered as well as registered owners. If the loss is occasioned by the actual fault of one of several part-owners, his co-owners are not thereby precluded from a right to the limited liability given by the statute On the 24th July Cary junior, a registered part-owner of a vessel, transferred his shares, by bill of sale, to Cary senior This bill of sale was not registered until after the 22nd November, on which day a collision took place, Cary junior being on board and in command of the vessel as master. It was not denied that he personally was in fault. On a cause for limited liability being instituted by Car/ senior, and by all the registered owners of the vessel except Cary junior Held, that they were all entitled to the privilege of limited liability given by the statute. [Referred to, The " Northumbria," 1869, 3 Ad. & Ecc 336 ; The " Hopper," No 66, [1906] P, 44 ; The " Yarmouth," [1909] 2 K. B 299 , Asiatic Petroleum Cn Ltd v. Lennard's Carrying Co. Ltd , [1914] 1KB 437.] A cause (No 2453) having been instituted on the 23rd November 1864, by the owners of the " Robin Hood " against the " Spirit of the Ocean " to recover damages occasioned by a collision between those two vessels, this cause was instituted by the owners of the " Spirit of the Ocean " under the 12th section of the Admiralty Court Act, 24 Viet. c. 10, and the 514th section of the Merchant Shipping Act, 1854, jor the purpose of limiting their liability for damage to ship and goods according to the 54th section of the Merchant Shipping Act Amendment Act, 1862, and distributing the fund amongst the various claimants. Roulle Gary jun , the master of the " Spirit of the Ocean," had in the month of January 1864 become the registered owner of six sixty-fourths of the ship On the 24th of July following, he b\ bill of sale transferred his shares to his father, Cary sen. On the 22nd of November 1864 the collision took place ; at the time of the collision, Cary jun was on board, and in command of the ship, and it was not denied that the collision was occasioned by his fault. The bill of sale of his shares to his father had not then been registered, and was not registered until the 30th of November. The cause for limited liability was instituted on the 2nd December by Roulle Cary sen and...
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Cia Maritima San Basilio SA v Oceanus Mutual Underwriting Association (Bermuda) Ltd
... ... The object of these Acts was to limit his liability for his servants on the basis of respondent superior, but to leave him fully liable for faults done by himself personally or with his privity - see ( Wilson v. Dickens 1818) 2 B. & A. 1 , The Spirit of the Ocean ( 1865) Browning & Lushington 336 at page 339 by Dr. Lushington; ( Asiatic Petroleum Co. v. Lennard's Carrying Co. 1914) 1 K. B. at page 432 by Buckley L. J. This distinction underlies the provision of the Merchant Shipping Act, 1894, which limits the liability of a ship owner for damage ... ...
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