Page:Federal Reporter, 1st Series, Volume 8.djvu/300

 286 PBDEBAL liEPOETEE, �this petition was filed. AU tfae claims presented so far, excepting that of Hutt, for collision with the Stockbridge, are by administra- tors of persons whose lives were lost by the wreck of the steamer, and they make the further question that the act of congress does not protect the vessel-owner from liability for loss of life. I do not eon- sider that the character of these claims outs any figure in determin- ing the question of the jurisdietion of this court over this petition, because if liabilities of this character are not covered by the act of congress, then no order of the court in this matter can aflfeot them. �I, however, had this question before me in the case of The Sea Bird, a few years since, and came to the conclusion that this class of claims^ -was within the act, and no light which bas been thrown on the sub- ject by later decisions and the discussions of this case has changed my view in that regard, �Most of the statutes in this oountry giving a right of action for death caused by negligence, and notably those of Illinois and Mieh- igan, one of which must control in this case, have been substantially copied from Lord Campbeirs Act, as it is called in England, and ■which was enacted prior to the act of congress limiting liability of ship-owners, and proceed upon the principle that the heirs, executors, or administrators of the person whose life is so lost by the negligence of another, have a peouniary interest in such life. In some of the States the amount recovered goes directly to the widow and next of kin, and in others it goes into the general assets ; so that the persons «ntitled to maintain an action may be said to have a "property" in- terest in the person whose life is lost ; and it is because of this prop- erty or pecuniary interest that a right of action is given, I do not look upon these suits as penal suits, punishing the guilty party for his negligence, but only as a remedy for the recovery of the pecuniary interest which the survivors of the person whose life is so lost have in his life. ��� �