The Tug Kevin Moran, Inc.

67 F. Supp. 265, 1946 U.S. Dist. LEXIS 2330

• Court: District Court, S.D. New York
• Decided: March 20, 1946
• Status: Published

Opinion

CONGER, District Judge.

Motion denied.

I am not unmindful of The Aquitania, 2 Cir., 20 F.2d 457, 459. In that case the petition for limitation of liability was filed four years after the accident. The court there said: “Upon the facts here disclosed— that the amount of the claims is small compared with the value of the ship and that all possible claims have been received [the italicizing is mine]—the appellant is not enlitied to limit its liability as petitioned for * * *”

In this case I can’t say with reasonable certainty that all possible claims have been received. There still is a possibility that claims for personal injury may be made as well as claims for cargo damage.

Settle order on notice.