Page:Federal Reporter, 1st Series, Volume 1.djvu/357

 PEEET 00. V. TTJO "ADRIATIO." 349 �Id. 395 ; The Ruchers, 4 Eob. 73 ; Chamberlain t. Chandler, 3 Mass. 242; Peterson t. Watson, Blatch. & How. 487; Thomas V. Gray, Id. 493 ; Treadwell v. Joseph, 1 Sumn. 390 ; WU- liams & Bruce's Adm. Pr. 61 ; Butler v. McLeeann, 1 Ware, 219; Forbes v. Parsons, Crabbe, 283; Fuller v. Colby, 3 W.à M. 1; Andersen v. Ross, 2 Saw. 91. �Doubtless a seamen is entitled to be cured of his wounds at the expense of the ship, and to his wages during his siok- ness ; and I know of no reason why libellant might not have ioined a claim of this kind with one for wages. 2 Pars, on Ship. 80-86; The Lillie Hopkins, 1 Wood, 170; The Bradish Johnson, Id. 301; The D. S. Cage, Id. 401; The Ben Flint, 1 Biss. 667. His claim for damages, however, is rather for the pain and suffering endured than the expense of cure ; in other words, it is a claim for an assault and battery, and not for wages and medical attendance. �An aot of congress making the damages occasioned by aasaults of officers upon seamen a lien upon the ship may be the only effectuai means of cheeking the brutality and inhu- manity so frequently seen on shipboard, but I am satisfied that the law at present warrants no such method of procedure, �The exceptions must therefore be sustained. ���The N. t. & Beookltn Ferry Co. v. The Steam-Tuo "Adbi- �ATIO" AND THE IcB-BaRGB "PitCH." �The Shaler & Hall Quarry Co. v. The Samb. {District Court, E. D. New York. March 10, 1880.) �CoM,iBi03sr— Barge m Tow of Tug— Sohooneb BïatJOK by Bakob ahd Dbivkk into Fbbkt-Boat. �In admiralty. �Beebe, WjXcox d Hohhs, for libellants. C. Van Santvoord and Macklay e Madge, for tug and barge. Bekeihot, J. These two actions were tried together. The first is brought to xeoover of the tug Adriatio and the ioe-barge ��� �