Coryell v. Phipps, 317 U.S. 406 (1943)

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Coryell v. Phipps

No. 246

Argued December 15, 1942
Decided January 4, 1943
317 U.S. 406

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. Revised Statutes § 4283 -- the limitation of liability provision -- should be administered liberally. P. 411.

2. An individual owner of a vessel who selects competent men to store and inspect it, and who is not on notice as to the existence of any defect in it, cannot, upon the theory that the "privity" and "knowledge" of his negligent agents are imputable to him, be denied the benefit of the limitation of liability under R.S. § 4283 as respects damage resulting from fire caused by an explosion on board during the period of storage. P. 412.

128 F.2d 702 affirmed.

Certiorari, post, p. 609, to review the affirmance of a decree of the District Court in admiralty, 39 F.Supp. 142, permitting limitation of liability in a suit to recover damages for the destruction of petitioners’ vessels resulting from fire aboard a vessel owned by one of the respondents.