Page:Federal Reporter, 1st Series, Volume 8.djvu/782

768 fBDEBAL BEPOSTEE. �injury to an employe on a steam-yessel, inourred while in the line of his employment, which was given or allowed by the general admiralty law. See Brown v. The D. S. Cage, 1 Wood, 404. In addition, it appears that the offending vessel is made subject to a lien by the local law "for damages or injuries done to person or property by such boat or vessel." Or. Laws, 656, § 17, subd. 4. But such lien is thereby postponed to the liens for wages, materials, wharf age, and towage. Id. 657, § 18. . �But the conclusion reached upon the first exception at the former hearing must still prevail; for, as has been shown, under admiralty rule 15 the libellant cannot proceed in rem and in personam at the same time. But she may amend her libel by striking out the vessel or the owner and proceed against the other accordingly. ���The Albbet Mason.* {Oircuit Cowt, S. D. Nm York. August 16, 1881.) �Blatchfobd, C. J. a careful examination of the evidence in this case leads me to the same conclusion as that arrived at by the district judge, and for the reasons stated by him. The libel must be dismissed, with costs to the claimants in the district court, taxed at $92.20, and with their costs in this court, to be taxed. ���The WiLLiE.f {Oircuit Court, 8. D. Neio York. August 27, 1881.) �Blatchfobd, C. J. I have carefully examined the evidence in this case, in connection with the briefs of counsel, and am of opinion that the conclusions of faot and of law arrived at by the district judge were correct. The reasons therefor are so well and fully stated bj him in his decision that nothing need be said in addition. There must be a decree dismissing the libel, with costs to the claimant iis the district court, as taxed, and costs to it in this court, to be taxed �*See 2 Fbd. Rbp. 821. tBee 2 Fkd. Rbp. 95. ��� �