Page:Federal Reporter, 1st Series, Volume 4.djvu/166

152 FEDERAL REPORTER. �It may be added that if the three file wrappers were com- petent as evidence, no sufficient legal excuse is shown for not having socner applied for leave to introduco them. �The motion is denied in ail its branches. ���Cbowell, Master of Steam-Ship Eoman ». The Bohooneb Thbresa Wolf.* �{District Court, B. D. Pennsylvania. Ootolier 1, 1880.) �1. Admiealtt— Ueoss Libel— Abmibaltt Kulb 53— Whbn Claims do KOT Akise from 8ame Oausb of Action.— Upon a libel in rem, flled for damages caused by a collision, a cross libel cannot be sustained for salvage on account of services rendered to the injured vessel af ter the collision. Such a claim does not arise out of the cause of action on which the libel is founded, within the meaning of the flfty-third admiralty rule. �In Admiralty. �In thia case a libel in rem had been filed by the master of the schooner Theresa Wolf against the steam-ship Roman, for damages caused by a collision off Great Egg harbor, alleged to have been occasioned by the negligence of those in charge of the steam-ship. The owners of the latter filed an answer denying negligence on the part of the steamer, and alleging that the cause of the accident was the neglect of those in charge of the schooner to exhibit a torch. Subsequently, the schooner not being within the jurisdiction of the court, a cross libel was filed by the master of the steam-ship, on behalf of himself and of the crew and of the owners of the steam- ship, alleging that when the collision oecurred the master and crew of the schooner abandoned her, whereupon the master of the steam-ship sent men on board, fastened a line to her, and towed her into New York harbor, for which services he claimed ë'alvage, and asked that the original libellant might be ordered to enter security in the usual form and amount, �•Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ����