Page:Federal Reporter, 1st Series, Volume 8.djvu/177

THE CLATSOP CHIEF. 163 ���The CiiATsop Ghief. �(District Court, B. Oregon. August 9, 1881.) �1. JoiNDBR OF Clam m Rbm and in Pbbsonam. �Under admiralty rule 15, in a suit for damage by Collision, a claim in rem ahd m perAWKM» cannot be joined in one libel. �a. Semble. , �That but for said rule they might be so joined, and that oonvenience iji prosT ecuting the claim -would thereby be promoted. �3. Fbllow Sbbvakt— Injuey to. �Exception to libel for injury to a flreman on a steam-vessel caused by the negligence of the master, on the ground that they were fellow servants of a common employer, and that such flreman was aware of the incompetence of the master, overruled, upon the impression that the flreman and master were not fellow servants in the sense which excuses the common employer from lia- bility for an injury suffered by one in consequence of the misconduct or negli- gence of the other, with leave to raise the question upon flnal hearing. �4, TOBTB— Admibampt JmasDiCTioii. �The national courts have jurisdiction of a tort committed anywhere upon the navigable waters of the United Btates. The ruling mHohne» v. 0. di.O. By. Oo. 5 Fed. Rep. 75, folio wed. �In Admiralty. �W. Scott Debee and Sidney Bell, for libellant. �David Goodsell and D. P. Kennedy, for the owner. �Deady, D. J, The libel allegea that on February 28, 1881, the Clatsop Chief, a steam-tug, duly enrolled and licensed at Portland, in the district of Wallamet, and engaged' in towing on the Columbia and Wallamet rivers, was prooeeding down the Columbia at 15 min- utes after 8 p. m., opposite to Willow bar, with a large scow in tow, when, by reason of the want of skill and care of the maater of said steam-tug, she collided with the steam-ship Oregon, then ascend- ing said river, whereby Andrew Kay, then serving as fireman on board said Clatsop Chief, was "precipitated" into said river and drowned ; tjhat said collision was caused by the violation of the rules of navigation owing to the gross ignorance and incompetence of the master of the Chief, who was wholly incompetent and unfit for the duties of said employment, all of which was well known to the oWnei? thereof at the time of his employment and af terwards ; that the libel- lant is the widow of said Andrew Kay, and the "sole distributee" of his estate, and on April 15th was duly appointed administrator of said estate, wherefore she brings this suit against said vessel and her owner to recover the sum of $5,000, "according to the statute bf the state of Oregon in such case made and provided, and under the gen- erai admiralty la w." ��� �