THE "STERLING" AND THE "EQUATOR."
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In a maritime collision case, the Supreme Court held that when two vessels are found equally at fault for damages, liability should be apportioned equally between them rather than imposing joint and several liability for the full amount. The Court reversed the lower court's decree that held both vessels liable in solido for the entire loss and remanded with instructions to apportion damages so each vessel and its stipulator were severally liable for only one-half of the damages, with the understanding that the libellant could collect the full amount from either vessel up to its stipulated value.
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Mr. Chief Justice Waite delivered the opinion of the court.
This was a suit in admiralty against the ship “ Sterling ” and tow-boat “ Equator,” for damages sustained by the bark “ Sif ” in a collision. Both the ship and tow-boat were found to be in fault, and they were condemned in solido for the whole amount of the' loss. From a decree to that effect this appeal was taken.
It is conceded that upon the facts found the owners of the “ Sif ” are entitled to a decree against the ship and the towboat, as both were in fault. The well-established rule in such cases-is to apportion the damages equally between the two offending vessels, the right being reserved to the libellant to colléct the entire amount from either of them to the extent of her stipulated value, in case of the inability of the other to respond for her portion.. The Washington and The Gregory, 9 Wall. 513; The Alabama and The Gamecock, 92 U. S. 695; The Virginia Ehrman and The Agnese, 97 id. 309; The City of Hartford and The Unit, id.
323. As in this case the decree was against both vessels for the full amount of the loss, it should be modified so as to be against the “ Sterling ” and the “ Equator,” and their respective stipulators, severally, each for one-half of the entire damage and costs, any balance of such half. Which the libellant shall not be able to enforce against either vessel to be paid by the other vessel or her stipulators, so far as her stipulated value extends. As it does not appear from the record. that the attention of the' court below was called to this objection to the form of the decree, each party will be required to pay his own costs in this court.
Decree reversed, and cause remanded with instructions to enter a new decree in accordance with this opinion, adding interest to the date of such entry.
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THE MAX Morris: Morris, 137 U.S. 1 (U.S. 1890)…93 U. S. 302; The Juniata, 93 U. S. 337; The Stephen Morgan, 94 U. S. 599; The Virginia Ehrman, 97 U. S. 309; The City of Hartford, 97 U. S. 323; The Civilta, 103 U. S. 699; The Connecticut, 103 U. S. 710; The North Star, 106 U. S. 17; The Sterling, 106 U. S. 647; and The Manitoba, 122 U. S. 97. It may be well to refer particularly to some, of these cases, which have a bearing upon the present question. In the case of The Washington, two vessels were held in fault for a collision which resulted in injuries…
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Erie R.R. Co. v. Erie & W. Transp. Co., 204 U.S. 220 (U.S. 1907)…is no contribution between wrongdoers is subject to exception. Pollock, Torts, 7th ed., 195, 196. Whatever its origin, the admiralty rule in this country is well known to be the other way. The North Star, 106 U. S. 17; The Sterling and The Equator, 106 U. S. 647; Adm. Rule, 59. Compare The Frankland L. R. Probate, [1901], 161. [*226] And it is established, as it logically follows, that the division of damages extends to what one of the parties pays to the owners of cargo on board the other. The Chattahooche…
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Empire Seafoods, Inc. v. Anderson, 398 F.2d 204 (5th Cir. 1968)…ddition to the one-half which that respondent is compelled to pay in the first instance. Benedict on Admiralty, Fifth Ed., Vol. 1, section 416; The Atlas, 93 U.S. 302, 23 L.Ed. 863; The North Star, 106 U.S. 17, 1 S.Ct. 41, 27 L.Ed. 91; The Sterling, 106 U.S. 647,1 S.Ct. 89, 27 L.Ed. 98; Great Lakes Towing Co. v. Masaba S.S. Co., 6 Cir., 237 F. 577. Id. 39 F.Supp. at 797. “The decree, therefore, should provide that each vessel * * * pay one-half of the entire damages, interest and costs, * * * and it should…
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- The " Ala. " & the " Game-cock.", 92 U.S. 695 (U.S. 1875)
- The Wash. & The Gregory, 9 Wall. 513 (U.S. 1869)