Page:Federal Reporter, 1st Series, Volume 2.djvu/248

 GBREITT ». BAEK KATB CANM. 241 �There is another respect in which it is against public pol- icy to permit a suit like this to be brought. Goldamitli appears to be clothed with the entire discretion as to when and under what eircumstances to bring suit, and when to compromise or settle for infringements. Spofford bas stripped himself of ail control in this respect, although be bas the ben- eficiai interest, and Goldsmitb is not averred to bave any. As was said by Judge Shipman, in Oregerson v. Imlay, i Blatchf. C. G. E. 503-6, this is "detrimental to the peace of society and the safety of individuals, and against public policy. " �The demurrer is allowed, with costs, but the plaintifs may move-, on notice, for leave to amend the bill. ���Gbeeitt V. Thb Baek Katb Cann, etc. �(District Court, E. D. New Tork. April 27, 1880.) �Admiraltt— Damages foe Pbhsonai, Injuries— Stowasb—Dutt of OwKEB. — Where a ship's crew stowed dunnage in the between-decks, held up by bracea overliead, aud one pile broke away and fell, causing Personal injury to a man who was assisting lu trimming the cargo of grain then going into the ahip, and an action was brought by the man for damages, held, that the ship was liable for the Personal Injuries caused by the insufficient and careless manner of stowing the dunnage- �John J. Allen and Patrick Keady, for claimant. �Henry T. Wing, for respondent. �Benbjdiot, D. J. This action is brought to recover damages for Personal injuries caused by the falling of a mass of dun- nage and plank upon the libellant while he was engaged in trimming the cargo of the bark Kate Cann, in the harbor of New Tork, on the twenty-first day of November, 1878. �The facts are as follows: The bark Kate Cann was an English vessel, under a charter to receive and transport a cargo of grain. The grain was being put into the vessel from an elevator in the Atlantic dock. The libellant was one of several persons who had agreed to trim the grain as it came into the hold from the elevator spout for so much a bushel, �v.2,no.2— 16 ����