Page:Federal Reporter, 1st Series, Volume 5.djvu/614

 60'2 FEDEBAIi EEPOETBR. �Choate, D J. This is a petition filed by the owner of the steam-boat Seawahnaka for the beneflt of the acts of Congress for limiting the liability of owners of vessels, �The original petition alleged that the petitioner is a New York corporation owning and running a line of steam-vessela for the carriage of freight and passengers between the city of New York and Eoslyn, and intermediate points and places ail in the state of New York, and that its vessel the Seawah- naka was one of said line, and was duly enrolled at the office of the ooUector of New York; that on the twenty-eighth day of Jnne, 1880, while said yessel was on her regular trip from New York to Eoslyh with a large number of passengers, and a large and valuable cargo belonging to several persons, and when near Hell Gate, she was found to be on are, and it be- came necessary to beach her, which was done on Eandall's island, where she burnt to the water's edge and became an utter wreck ; that the cargo and other property on board were thereby lost and destroyed, and many of the passengers were killed or drowned or seriously injured, and that no freight had been received on said cargo; that the fire happened, and the loss and damage was done and ineurred, without the de- sign, neglect, or fault of the petitioner, and without its privity or knowledge ; that certain claims have been made and cer- tain suits have been commeneed against the petitioner by persons claiming to have sustained damage as owners, ship- pers, or coasignors of cargo, or as passengers, or representa- tives or relatives of passengers killed by said disaster, and that said claims far exceed the value of said wrôck. �The prayer of the petition is for the appointment of a trustee to reçoive a transfer of the said wreck, for a monition to ail parties having claims to come in and make proof thereof and answei-, for a decree determining the liability of the peti- tioner and limiting its liability, if found liable at ail, to the value of said wreck, for the distribution of its proceeds among the claimants if entitled thereto, and for an order restrain- ing ail Buits pending the final determination of this pro- ceeding. �Upon filing the petition a trustee was appointed, to whom ����