any act of negligence in the navigation of the ship; nor was it done in the execution of any duty of the master to the or to her owners; nor was,the act within the IJcope of the master's duties or powers as the representative of the owners. Neither the owners, therefore, nor their property, can be ,held legally answerable for it. Libel dismissed, with cosm.
'THE ELECTRo-D'YNAMIC BIGLER tJ.
fl. TJIE ELEa.m9N.
Court, S.,D. New
.TmusDIOTIoN-BUPPLPlls:-DAMAGES FOR BREACII GJ' CoNTRACT. ".
',' A:coritrlU3t for supplies ,to avessel.being amaritimecontl1loct, a court ofadmlralty hasp.Bljjsqletion to give damages for II< preach of the contraetas to the quality of tbe BUPPllea furnished, or tor misrepresentations, 01"' other breaches in the performance o:Ht.n: ' ' , , oliri!Ji,' Is entitled, under role 53, to security from the libelaUt, upon filing a croBEillbel,tq for breaches of the, same contrlloOt (l11' which the , sues;' .
. .'In 'a.suit'in rem for the price of such suppHes, the defeudant, having given Seo
In Admiralty. The Electro-Dynamic Company 6fPhiladelphia libeled the yacht Electron to recover for machinery furnished. James Bigler filed a cross-libel, and moved for stay until security is filed. Wilcox, Adams &:- Green, for motion. Robi'TUlCm, Bright, Biddle &:- Ward and Mr. Ward, opposed. BROWN, J. In the first libel the claim is for $2,106.08, with interest, the balance pf a ,bill alleged to bedue"in and about the refitting and repairing" of the yacM Electrim, belonging in Philadelphia, by furnishing her. with a quantity of electrical machinery for the purpose of by electricity. The yacht was arrested' and released on propelling security given, and has answered, alleging misrepresentations an4 ,Qus in, the performance of the contract under which the repairs were furnished. and an offer to return the articles. The cross-libel alleges the same misrepresentations and breaches, andclaiins damages by reason thereof in the sum of $4,553.04. Undtlr the fiftythi,rd rule of the Supreme court in admiralty I she now moves that the respondents' proceedings in the original libel be stayed until·· security is given for the damages claimed in the cross·libel. . The defense to the o:riginitUilbel i!l the same as the ground of claim in the cross-libel. . The (',age is therefore within the fifty-third rule of the supreme court in' admiralty,li3 construed by this court in the case C1'edit'Lyv.48F.no.8-44
lohnOOi}' 1!5 tha-t the' is ;ftjrfir1dehlilOd leouM'Dot 'ba.'tlhtei'tainedin iLdIiliraltv;:OOcituseit 'is 'ao: illction Jfof; for' *e,;bteach. of a eontn1ct .the!court' '",as without' JUrisaiction oltha' cit.need! action 'tltated1inthe crot'ls4'ibel, the' motion'!!hould'not be though actions for damages and for misrepresentations and breaches of contracts for supplies maynot be frequent, I cannot regard them as beyond the proper jurisdiction of the admiralty. In the case of The Eli Whitney, 1 BIatchf. 360, though it was held that an action in rem would not lie for false representations which had been the inducement to the execution of a charter-party, there is no in perBOnam would not lie for such a cause. in this case, being for is a maritime contract,withitiUtebroinary jUrisdiction of the admiralty courts. Upon such a contract, and all its incidents, the righq, and remedies of the parties are 'The contrlktbeing maiitifbe, the admiralty, says CuRTIS,J., in Ohurch v. 2Curt. 271, 274, ," will proceed to inquire into lab and 'a:1rthe damages suft'ere'(f thereby, however .wpll.tever issues . also.,C'oZ,v.MurraYI'Abb.Adm.342j'I'he J. KW'arMr'j22 Fed.1iep. Mdrre,ll', . 57,0; .PM, Baracda.44'Fe<l,Rep. 102. 'Tn 'the latter case 'the action was for damages for breach of.the , altd, respects the form of, remedy iolhia'Qase is ,,,,n .on11." ..hbel·ls therefore' properly " falls within the rule; and the motion for stay of proceedings on the origgiven,is granted.' ".' ,'
THE TOM: LYSLE.
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:WMti Bpayment is :madl:lupon acco\hit. withouhn application
oldest iteD;ls. .
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mereif 'files anans'Wer, llrmllltive'judgment ean ·be for damages "aused by the pilot's negligPl'lce; and. afe .rllnc,ered uI\der ,seV;eral distinqtqol\traqts, the r,igl;lt to set up such as is con 1iried. to the earned. under .the .,pl1orticular <lllntraoftduring the perlonnance of which' " ' 8., AND' SKiLL. ' :L ' '!'" -,. A pIlot. Is bQun4.to be familiar with tbe ,tile river, !loud with . ()l)structions to' ana :tohaVll the degree of skill ordinarily posfor damages' occasioned by the want :.... sessed'by>'Ot.hers of bise1ll.s!l,' and he Is "ofsn,ch, kQowledge,'ni!.skill. or by n<lglil!fenoe ill lloPplyiD$t.bel;l:l, bqt lWt " 'ages'occallforrei1' 15i'a'n erro'r'of jUdgment'on his part. " , " " , .' .. '