44 FEDERAL nEr0a’rEa.
charge of discharging and loading the ship, which cannot be attrib-
uted to the owners. Dwyer v. Nat. Steam-ship Co. supra; The Gen
mania, 9 Ben. 356. g
The actual negligence, however, was in removing a lamp which
had hung near the foot of the ladder, and not replacing it. Rose
testifies that he came down through the scuttle a short time before
the plaintiff came back, found that the- lamp had gone out, relighted
it, and carried it aft. If that lamp had remained where it had been
during the day, and had been lighted, it seems impossible that the
accident should have happened; for the main hatch was forward of
the scuttle, and the libelant’s place of work was aft of the scuttle,
and it must have been through some confusion caused by the want
of light that he took the direction he did. This fault was committed
bya fel1ow·workman who was employedon the very same job with
the libelant, and the law is too well settled to be changed, excepting
. by congress or the supreme court, that the common employer is not
liable for an injury occurring to a workman under such circumstances. ‘
For these reasons I have felt bound to aihrm the decree below. In
consideration of the great hardship to the libelant, I suppose costs
would not beasked against him from a court of admiralty.
Decree aftirmed, without costs. _
Tum WOLVEBTON..
(Circuit Uowrt, E. D. Penmylvamia. June 27, 1882.)
Amrmar.-m—Conmsrc¤-Bunnnu cu Pacon ox LIBELANT.
The libelant must show that the vessels were approaching in the way he
describes.
Libel by the master of Cross Creek Barge No. 5 against the tug
Dr. John Wolverton, to recover damages for a collision. The testi-
mony disclosed the following facts: _
The Wolverton, having the barge Atlanta in tow astern by a hawser,
started from Robert’s stores, Brooklyn, bound for a dock in the North river.
When near the Battery she met the tug Packer, with 1ibelant’s barge lashed
to her port side, coming up the East river, after rounding the Battery. The
Packer blew two whistles, indicating that she wished to go inside, or on the .
New York side of the Wolverton. To this the Wolverton made no 1·eply,'and _
immediately thereafter the 1ibelant’s barge struck the Atlanta, damaging h
A ileported by Frank P. Prichard, Esq., of the Philadelphia bar. .