Page:Federal Reporter, 1st Series, Volume 10.djvu/149

 THE MARY STEWAET. 137 �The act of 1851 has no effect on the question under consideration, except to increase the penalty for such refusai. It contains no re- pealing clause, and its provisions are entirely consistent with so raueh of the statute of 1803 as imposes the obligation to accept the first duly-qualified pilot offering his services. �A decree must therefore be entered for the amount claimed. ���The Mabt Stewart. lUinriet Court, E. D. Virginia. December 27, 1881.) �1. Admibalit — ToBTs ON Lakd Not Cognizable in— Personal Injuribs. �An injury done to a man, while he is standing on a wharf, by a baie of cot- ton which is beine: hoisted aboard a ship loading at the wharf, but which falls before it reaches the ship's rail and strikes him, is not cognizable in the admi- ralty. �2. Admtbalty JuKisDicnoN Cannot be Conpeiired bt State Stattjtks. �Nor can jurisdiction over such a tort be given by a state statute. �3. Chabter-Pabtt — Action Dbpeated for Want of PBiviTr. �Under the contract between the ship and the charterers the latter are to employ and pay for the stevedoring, and the ship is to furnish the tackle and falls by which the loading is to be done. Under this contract the ship fur- nishes a rope, which breaks after a short use of it by the stevedores, and one of the employes of the stevedore is injured by the falling of a cotton baie. Held, that there was no privity between him and the ship, he not being a party to or interested in the contract of charter-party, nor any violation of any duty towards him, and that consequently he could not maintain an action against the ship or her owners. �In June, 1881, the ship Mary Stewart was chartered by Reynolds Bros., of Norfolk, to load with cotton. By the charter-party, Rey- nolds Bros, agreed to furnish and pay for the stevedoring, and the ship agreed to furnish the tackle neeessary for loading. The offieers of the ship had no control over the manner in which the stevedoring was carried on, but the ship was entirely under the control of the stevedores while loading. The ship furnished a three-inch rope. One end of this rope was fastened to an engine which stood on the wharf and furnished the hoisting power. The rope was then passed through a pully attached to one of the masts of the ship, and the other end was fastened to the cotton which was being hoisted aboard. After the rope had been used a short time it broke near the engine, ana one of the baies of cotton which waa being hoisted fell and seri- ��� �