. 44 V rjmnsalu. nnronrmz, vol. 38.
cess, with interest from December 24, 1887, the date of payment. The
disbursements for the arrest and sale of the ore amount to $409.87.
From this must be deducted, however, $24 for six days at the rate of
$4 per day, part of the item of $120 paid out of the fund for the use of
the canal-boat. The libelants having discharged the ore into the lighter
at the claimants’ request, the charge for the use of the boat until the
freight was tendered on the 10th was a legal charge against the ore; and,
if paid by thelibelants, it would be added to their lien for freight.
Britten v. Barnaby, supra. Being paid from the fund, it is paid by Mr.
. Marvel, to whom it is properly chargeable. This, with $2.40 interest
included in that payment, leaves $383.47 to be taxed for these items in
favor of the claimant in the original libel, besides any other taxable dis-
bursements. _ V . '
A Both libels are dismissed, with costs. Decrees may be entered as
· above. ' __ , V
A ` V Armnnson ·v. Tun- E. B. Wann, Jn. · _ V
$fU1Jt·autt 0'ourt ·E. D. Louisiana. February 15, 1889.)
1. Smrrme-—LrAnmr·rY’or Vassar. ron Ton·r—-Anmmsr.-rr-Junrsnrorron.
Where.a;steam·ship is given the key-berth in a wharf previously occupied by
another, and the latter is moored outside. with no means of communication
,with the wharf other than across the deck of the inner vessel, negligence in
‘ permitting the deck of the inner vessel to bein a condition unsafe for passing
over it to the outside vessel is a marine tort, within the jurisdiction of the ad-
miralty courts.
2. Snm—Co¤·rmnu·ro1w Nnermnncn.
· The hatchway of a fruit vessel occupying the key-berth in a wharf, and hav- s
ing another wessel moored outside, was open in the night, according to cus-
tom, but had a coaminrg of about 12 inches, and was lighted by a lamp from
the mast at one end. he deck was well lighted by electric lights on shore,
and had across it from the gangway a clear passage way of 5 feet, over which
» was a lamp.- Libelant, while intoxicated, and attempting to cross the deck to
_ the outside. vessel, to which he belonged, fell into the hatchway, and was in-
jured. Held, that he was guilty of contributory negligence. V
  In Admiralty. Libel for damages. On appealfrom district court.
Libel by Peter Anderson against the steam—ship E._B. Ward, Jr., for
damages for negligence! Decree for claimant, and libelant appeals.
H.   Bryan and A. 0. Lewis, for appellant.   A
J. W. Garley, Jr.`, for appellee. V . . i y _ `
  Pannnnq]`,-V On the 16th dayof May, 1887, the steam-ship   B.
Ward., Jr., loaded with fruit, cameinto the port of New Orleans, and
moored at the`, frui,tVwharf_at_ the_foot of, Calliope street. The place, just
before was eccupied by the steamqship. Marmion, also engaged inthe
trnitItrade,,whi.ch`, being nnloaded, was moved out,·the Ward was given
’ the key%berth,,,and the Marmion was moored just outside and to the Ward.