Page:Federal Reporter, 1st Series, Volume 4.djvu/848

S34 TEDEBAL BBFOBTEa. �muat receîve from the hands of the ship's master. His wagea cannot be paid him day by day, but must be allowed to ac- ctimulate in the hands of an unknown owner. When the voyage is over he must at once provide himself with tem- porary shelter and with food, and for that purpose he must have money in his hand. Therefore it is that his wages are nàiled to the ship, and therefore it is that, as in the ancient days of the Consolato, so now, the law is forced to declare that no man can be permitted to say anything or do anything to deprive the seamanof the right todemand his wages when he leaves the ship. �Upon these grounds the exceptions to the answer are al- lowed. ���McNallt V. The S'FEAM-Tua L. P. Dayton, The Steam-Tuo �James Bowen, and the float or bcow called �"Ntjmbee Foue." �(Cirmit Court, iS. D. New York. Novemher 9, 1880.) �L Coi-iiisiON — Negmgbnce— BuRDBN OF Pkoop. — A libel for collision alleged negligence on the part of the tugs Dayton and Bowen and the scow Number Pour. The answer of the Dayton alleged that the col- lisioîi was wholly caused by the fault of those on board and in charge of the Bowen and the scow, "as alleged in the libel." The answers of the Bowen and the scow alleged that the collision was due wholly to the fault of those managing the Dayton and the boats in her tow. Held, that these admissions by the Dayton upon the one hand, and the Bowen and the scow on the other, would not throw on either of the libelled vessels, as between such vessel and the libellant, the burden of sbowing fault in the other. �2. Bame — Samb— Same. — Hdd, furthcr, that there must be frima fade �evidence of negligence, in such case, in order to throw the burden of proof upon either of the libelled vessels. �3, Same — Samb — Same. — Eeld, further^ that the mere fact that the in- �jured boat was lashed to the side of the Dayton, without motive or steering power, and the absence of any allegation of fault against her in the answers flled, did not prima fade establish any fault in any particular one of the vessels libelled. ����