Oliver Wendell Holmes, Jr.

“ If there is no surrender of the ship, which we presume is made relatively rarely, the limited liability statutes play no part. Section 33 has no relation to means of collection but only to principles of liability and the ordinary course of trial. ”

“ In the former cases the statutes of the United States modifying or extending the common law right or remedy of railway employees shall apply; in the latter such statutes conferring or regulating the right of action for death of such employees. The argument that this section removes the personal injury or death of seamen from the statutes limiting liability is based upon the growing considerations for the claims of labor; the suggestion that the enlistment of seamen needs to be encouraged equally with the building of ships ”

“ The bankruptcy act might provide a bar to recovery homestead and other exemptions might make collection of a judgment impossible-yet we do not suppose that it would be argued that such laws were overridden by section 33. The wholesale adoption of the law for railroads above mentioned must be taken as an adoption of principles not as a basis for meticulous discovery of conflict with an established system in matters of detail. The choice of a jury trial is given when things take their ordinary course, not to break in upon the settled mode of adjustment when the ship is given up. ”