Page:Federal Reporter, 1st Series, Volume 1.djvu/355

 TES GUISIMa 8TAB. s8l'7 �THE GUIDING STAR. �{District Ckrwrt, D. Kmttteky. March 4, 1880.) �ADMniAivrr— Action m liBM— Clam pob ah AbsattijT bt as Offickr.— In an action in rem a seaman cannot joiu a daim for wages witb one for an assault and battery by an offlcer of the veeseL �In admiralty. Exceptions to libel for mnltifariouanesa. �The libel claimed for the services of libellant as seaman npon a round trip from Madison, Indiana, to New Orleans, and alleged that the master shipped him under a oontract to serve as roustabout at one dollar per day, and also "to receive kind and humane treatment, and his board or rations during the trip, and to be brought baek to Madison." It further alleged that before the completion of the round trip, and near Casey ville, Ky,, the mate struck him, "by color of his authori- ty as such mate, several blows upon his head and neck, and kicked him in the sides; threw him against the front steps, and landed him against his will, at the coal mines near Caseyville, and the master of the boat permitted this to be done without protecting libellant or preventing any of these outrages." He claimed for Tvages, for rations, and for his fare back to his home, amounting in ail to $39.50, and also claimed $3,000 for the assault, by reason of which he alleged he had been crippled and made sick, and hia health had been greatly injured, and he had been incapacitated from doing work. �Claimant excepted to the libel upon the ground that libel- lant had joined causes of action ex delicto and ex contractu, and because the steamer was not liable in rem for the beating complained of, and this coui-t had no jurisdiction to condemn and subjecfc it to the satisfaction of said alleged damages. �I. H. Trabue and L. N, Dembitz, for libellant. �Barr, Goodloe d; Humphrey, for claimant. �Beown, J. The only question raised by the exceptions is, whether a seaman, in an action in rem, can join a claim for wages with a claim for an assault and battery by an officer of the vessel. Doubtless a court of admiralty may entertain ��� �