Page:Federal Reporter, 1st Series, Volume 3.djvu/52

 KENAH ». IVa JOHN MABKEB, JB. H �Kenah V. The Tug John Maee|:b, Je.* (District Court, E. B. PenntyUania. June 11, 1880.) �L AdmiraI/Ty— Evidence>^Admi8Sion ra Answee — Retraction op bt Ambndment. — An answer containing an admission of a contract as stated in the libel, may by leave of the court, be afterwards amended by witbdrawing the admission; but this will not relieve the respond- ent from the eilect of his admission as evidence. �2. Same — Efpect of Buch Admission. — In such case the admission must be considered in the light of ail the circumstances, and acoorded such influence as may seem just. �8. Bame — Evidence — Declarations of Mastbb Aftbb Lbavino Own- eb'b Service. — In an action for the loss of a vessel the "declarations of the master, made after quitting the service of the owners, are not admissible as evidence against them. �In Admiralty. �Libel in rem by the owner of the barge Zouave and her cargo against the tug John Markee, Jr., setting f orth a con- tract on the partof the tug to tow the barge from Philadel- phia to Salem Creek canal, and place her in the mouth of the canal. The libel averred that instead of placing tho barge in the, mouth of the canal the tug left her in a dan- gerous position in the river about 300 yards below the canal; that the master of the barge, finding it impossible to remain in this position, attempted to pôle the barge into the canal, but that in so doing the barge was swept away by the tida and -wrecked. �The answer admitted the contract as stated in the libel, and alleged that the tug had towed the barge into the mouth of the canal, but subsequently moved her at the request of her master to the point where she was afterwards left. �From the libellant's testimony it appeared that there was no one on the barge but her master, and that he could bave managed her if she had been placed in the mouth of the canal, but was unable to do so without assistance at the place where she was left, and that he was unable to procura assistance. �•Reported by Frank P. Prichard, Esq. of the Philadelphia bai. ����