Tom C. Clark

“ Foreign limitation of liability procedures are for the most part different from ours where not only fault but claims are determined as part and parcel of the limitation action itself. We conclude that in the final analysis the manifest advantages of this cross-claim procedure serve the best interests of all of the parties before a court of the United States who find themselves the unfortunate victims of maritime disaster.
Other questions of procedural detail raised by the petitioner we leave to the trial courts. This has been the policy of this Court in the past in admiralty practice. ”

“ We do not believe that the analogy to equity is shadowy. The claimants in this proceeding have just claims arising out of the collision of the Haiti and the Duke. They have as much interest in the potential liability resulting from that marine disaster as has the equity receiver in perfecting the res of the estate. The scope of the proceeding is not limited to a determination of the petitioner's fault nor to its interest in the Haiti. ”

“ Madisonville had filed no claim in Jahncke's limitation proceeding, the damages arising from a distinctly separate incident.
Petitioner points to the many dire consequences that may flow from exposing claimants to cross-claims. While these predictions are entirely speculative and not before us, we comment on those which petitioner believes to be the more serious. First it says foreign claimants will be frightened away and will not file claims in American limitation proceedings. ”

“ Justice Bradley in The Scotland, supra, where he said, 'when parties choose to resort to (a nation's) forum for redress' they cannot 'complain of the determination of their rights by that law * * *.' 105 U.S. at pages 31-32, 26 L.Ed. ”