William J. Brennan, Jr.

“ Congress has said that provisions or limitations exonerating a shipowner from liability for negligence or from liability beyond a stipulated amount are against the public policy of the United States, and shall be null and void and of no effect. See, e.g., R.S. § 4283, as amended, 49 Stat. 1480, 46 U.S.C. § 183c, 46 U.S.C.A. § 183c; Note, 65 Yale L.J. 553; Moore v. American Scantic Line, D.C., 30 F.Supp. 843.
The British Commission could not have been compelled to enter the limitation proceeding, but did so voluntarily. ”

“ The Commission therefore had no information to alert it that it might hazard its defenses under its contracts of passage if it entered the proceeding. The Commission thus had no fair opportunity to weigh that factor in reaching the very practical decision whether to enter the American proceeding or to stay out and meet all claimants on its home grounds. It is a fundamental of American justice that a litigant shall have fair notice of what he will be called upon to meet. ”

“ All persons having such claims must file them, under oath, as provided in United States Supreme Court Admiralty Rule 52, with the Clerk of this Court, at the United States Court House at Granby Street, Post Office Building, Norfolk, Virginia, and serve on or mail to the petitioner's proctors * * * at * * * a copy on or before October 15, 1953, or be defaulted. ”