have made trips the whole length of Lakes Michigan and Huron with the jib-booms of their vessels gone, but this only proves that they were fortunate in not encountering such winds as would have made the sails dependent on the jib-booms necessary for safety. Undoubtedly many of the members of a full-rigged schooner may be temporarily dispensed with, but this does not prove that it is prudent seamanship to attempt the continuance of a· voyage after so essential a part of a schooner as the jib-boom has been carried away. At the most, it only proves that the man who has taken such a risk may be deemed lucky if he gets through in safety. We must bear in mind that this collision occurred after the middle of October, when severe storms are to be anticipated, especially on Lake Huron; and I think the master of the Star only acted with proper prudence in running to the nearest port of repair, which, in this case, he was able to do with a fair wind, and mostly in a protected course. As to the damages to be awarded, the libelant is entitled to be paid all expenses for repairs made necessary by the collision. These are the cost of replacing the jib.boomand the portions of rigging which were broken. He is also entitled to be made good, as far as possible, for the time neeessarily IosHn going to the port of repair, waiting there for repairs, and returning to the point where the collision occurred, or as far on the voyage as the point where the collision occurred. The proof shows that the Star reached Owen's sound the evening after the accident, but too late to get men at work on the new jib-boom that night. The next day the new jib-boom would have been made and put in place in time for him to have left the morning of the third day, but the 'party who undertook the repairs chose a bad stick of timber, the defect of which was not discovered until they had worked nearly all day upon it, when the stick was rejected, and a new stick obtained, which took them a day longer. This lOBS of a day, by the want of skill of those who undertook the making of the llew jib-boom, ought not to be charged to the respondent. I therefore find that the detention of the Star in going to Owen's sound, and returning to a point on her voyage equivalent to the place of accident, was three days, and that her time and expenses were equal to $50 per day. making the amount of her recovery the cost of the repairs, and the three.days demurrage, at $50 per day. It is also contended that, as the Star reached Cheboygan, got in her left there for Chicago as soon as the Melvina and the Fellowpraft,another schooner which lay at Cove island with the Star and Melvina, and left there with the Melvina, therefore no demurrage should be allowed her, because she might not have got there, taken on her cargo, had not occurred; and got away any sooner if the injury by the but,as the proof shows that the Star did not load at the same dock as the other two, vessels, I do not, think the court can presume she would have been detained in Cheboygan as the other vessels were. A decree may therefore be prepared, finding the Melvina in fault, and awarding damages to be made of the actual cost of repairs, and the three-days demurrage, at $50, per .day.
BAILEY fl. SUNDBERG.
Oourt, B. D. New
York. June 26,lSIlO.)
JUDGMENT IN REM-RES JUDICATA-QUESTION NECESSARILY INVOLVED.
In a suit inrern, before a court of competent jurisdiction, fairly prosecuted, aU persons having an interest in the subject-matter, and their privies, are deemed parties. and are bound by the decree, both 8S respects the res itself, and the queations necessarily involved in the adjudication.
SAME-LIBEL FOR COLLISION-SUIT AGAINST MASTER IN PERSONAM.
Hence, where owners of a vessel brought suit in rem agaiust a steam-ship, alleging that the steam-ship had negligently col11ded with aud sunk their vessel, and on the trial the court found that there had been no collision between those two vessels, which decillion was aftlrmed by the appellate court, and "subsequently the owners, joining with themselves an insurance company, brought suit against the master of the steam.ship, to recover the same damages, nearly six years after the alleged collision, it was held, that the question of the neglip;ence of the master was res adjudicata, and that the suit should not be entertained.
8. SAM!r"PARTIEs-ALL BAVINIJ LIBN ON RES.
In a suit in. rem for damages caused by collision, all persons having a lien on the res, growing out of such collision, ate deemed parties to the suit, and are bound b;r the decree. .,
In Admiralty. Action against the master of the steam-ship Newport to recover daJ;l1ages for the sinking of the schooner John K. Shaw, alleged to have been caused by collision with the Newport. Goo. A. Black, for libelants. Goqdrich1 Deady &; Goodrich and R. D. Benedict, for defendant.
BROWN, J. On the evening of February 23, 1884, the libelants schooner John K. Shaw was sunk and wreeked off the Jersey coast, and all on board lost. On the 24th of April following the owners of the Shaw filed in this court their libel in rem against the steamer Newport, alleging that the Shaw had been sunk through collision with the Newport, and claiming upwards of $20,000 damages. The case was prosecuted in this court with most elaborate care, and a decree rendered that the Newport did not collide with the Shaw, and the libel was accordingly dismissed. 28 Fed. Rep. 658. On appeal to the circuit court, the case was again elaborately considered, and upon additional evidence for the libelants, and the decree of this court was affirmed. 36 Fed. Rep. 910. A rehearing was afterwards had in the circuit court, and further testimony offered, and the decision reaffirmed. Id. 913. On the 5th of February, 1890, the owners of the Shaw filed the present libel for the recovery ofthe same damages against the defendant, John P. Sundberg, in personam, as master of the Newport, joining with them as co-libelants the insurers of the cargo, who claimed $3,000 more for the loss of coal on board. The defendant pleads res adjudicata. I am of the opinion that the plea of rea adjudicata is good, and must prevail as against both libelants. In a suit in rem before a court of competent jurisdiction, fairly prosecuted, all persons having an interest in the subject-matter, and their priVies, are
lReported by Edward G. Benedict, Esq., of the New York bar.