Page:Federal Reporter, 1st Series, Volume 8.djvu/181

THE HUDSONl : 167 �Mo. 289; Gorrrdy -v.Vvkan Iran Works,^l Mo; 493; ITie Chandos, 4 Fed. Rep. 64:9. �Besides, it is alleged in the libel that the incompetenoe of the mas- ter was well known to the owner at the time of bis employment, and, if this be the case, the owner is liable for an injury oaused by such incompetence, even if the master and fireman were fellow servants in any sense. 2 Thomp. Neg. 970. �The defence sought to be made upon these exceptiotis can be made on the final hearing, on proper allegations and proof. �The fourth exception is disallowed^ �The question raised by it was deoided in this court in Holmes v. 0. d C. Ry. Co. 6 Ped. Rep. 75, in 'which it was held that a marine tort is one that occurs on any navigable water of the United States, and that damages given by a state statute for such a tort may be recot- ered in the proper district court in admiralty. ���The Htjdson. {District Court, W. D. Pennsylvania. — =-, 1881.) �1. SbAMEN— CONTEACT— IMPLIED TbRMB. �Where there aro no shipping articles, and no express understanding to the contrary, it is the implied contract that deck hands shipped on an Ohio river packet engaged in the Pittaburgh and Cincinnati trade are to be returned to their several ports of ehipment. �A packet in this trade shipped hands at Cincinnati and other points above, in Ohio, Kentucky, and West Virginia, and proceeded to Pittsburgh, and there the hands were put ofE the boat, the river having then frozen over and naviga- tion, by reason of ice, remainmg suspended for eight days. �Held, that the boat should either have kept the hands on board and furnished them with food until navigation was reaumed, or provided them with meana to reach their ports of shipment. �E.eldff'urther, that the hands were entitled to a decree for traveling costs and expenses, as of the date of their discharge, from Pittsburgh to their several ports of shipment, by the ordinary routes of travel then open, and also wages at the contract rate during the time required to reach said points. �In Admiralty. �George G. Wilson, for libellants. �Isaac S. Van Voorhis, for respondents. �AcHBsoN, D, J. The libellants, who are 16 in number, were hired, some on the 28th and others on the SOth and 31st daya of Jannary last, as deck hands upon the steamboat Hudson, a weekly packet in the Pittsburgh and Cincinnati trade. Two of thie libellants ��� �