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THE ST. LOUIS

35 F.2d 741 (1928)

THE ST. LOUIS. Petition of PENNSYLVANIA R. CO.

District Court, S. D. New York.

February 7, 1928.

Attorney(s) appearing for the Case

Burlington, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for petitioner.

Bigham, Englar & Jones, of New York City (Charles W. Hagen, of New York City, of counsel), for damage claimants Clyde Lighterage Co. and Richmond-New York Steamship Co.

Edward J. McCrossin, of New York City (Charles A. MacDonald, of New York City, of counsel), for claimant Johansen.

WINSLOW, District Judge.

It is conceded that the St. Louis had the right to limit its liability. The burden of the proof as to the merits is, therefore, on the claimant, and not on the petitioner for limitation. The claimant is really in the position of a libelant. In re Davidson S. S. Co. (D. C.) 133 F. 411.

The record clearly indicates to my mind that this was a crossing situation. The Henry C. Rowe was the burdened vessel, and in duty bound to keep out...

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