Page:Federal Reporter, 1st Series, Volume 4.djvu/173

COniLLARD V. STEAMSHtP TIOTOEIA. 159 �fair settlement" there will be due respondent five dollara f rom libellant. �If this answer, which is excepted to by libellant, so far as it seeks the beneat of the set-o£f, had alleged an agree^ ment that libellant would do this work as pilot or earpenter for respondent on this boat, in payment of what was due by him for the house, the defence would be a goodone, It would not be, strictly speaking, pleading a common-law contraot as a set-off, but setting up a special maritime contraot, which, taken as a whole, would show that the libellant had no cause of action and had been paid for his services. But I do not find any allegation of such an agreement. The answer only Bàys that the libellant was, at the time he shipped on this boat, indebted to the. respondent for the house; in one place it says he was indebted in "20 days' work," and iu the other, in the balance due on $125, the price of the house. This ia clearly pleading the indebtedness for the house as a set-oflf, and is by aU the authorities inadmissible. 2 Pars. Mar. L. 717; 2 Pars. Ship, 433; Willard v. Dorr, 3 Masm. 161; Bains v. The James and Cathœnne, 1 Baldw. 544; Snow v. Carruth, 1 Sprague, 324; Bearse v. Ropes, Id. 831; Nichols V. Trimlett, Id. 361 ; Dexter v. Munroe, 2 Sprague, 39 ; Ken- nedy T. Dodge, 1 Ben. 311, 315 ; The Lady Campbell, 2 Hagg. Adm. 14, note ; sustain the exceptions. ���CoUILIvARD V. STEAMSHIP VICTORIA. �{District Court, D. Massachusetts. ■ 1880.) �NBaLiGENCE — Feixow Sebvants. — ^Xhe owners of a vessel are not responsible for injuries sustalned by a stevedore, through tho negligence of a fellow servant, while unloading the cargo. �Halverson v. Nisen, 3 Sawy. 562. �MaUme v. Western Transportation Co. 5 Biss. 315. �B. L. Barney and E. J. Hadley, proctors for libellant. Brooks, Bail & Storey, for claimants. ����