Page:Federal Reporter, 1st Series, Volume 4.djvu/247

 TILLMOEE r. MOOEE. 233 �anything about him, had suffered great anxiety, and had given him up for dead. His feet and hands were badly frost- bitten, and he had a severe cold. His mother was obliged to nurse him and have a physician attend him for about two months, and at the time of the hearing (Septembe-, 1880,) he had not entirely recovered hia strength, and was somewhat crippled in his feet. �That a parent may maintaîn a libel in admiralty for the ■wrongful abduction of his son and carrying him to sea is well settled ; and also that for such a tort committed by the master the ship-owner would be liable as well as the master, if the master was in command of the vessel as his agent ; but where the master is owner pro hac vice, and not commanding the vessel as agent for the owners, they are not in such cases held personally liable for his torts. �I find that in this case the master had the possession, con- trol, and management of the vessel, and was to man and victual her. He paid, as hire to the owner, a proportion of her gross earnings, but the owner had no control over her employment. So they both testify, and that the owner's share of the ves- sel's earnings were usually deposited for him by the master with a merchant in Baltimore, and that for months at a time he knew nothing of the vessel's whereabouts, and that he knew nothing of the shipping of this boy. I think, therefore, that, as against the owner, the libel must be dismissed. �I come, then, to consider the merits of the case against Captain Lewis, the master. Looking at ail the testimony iu the light most favorable to him, and giving him the benefit wherever there is any conflict of testimony, there is no doubt in my mind that he is shown to have knowingly committed a wrong against the libellant, for which he must respond in damages. �The boy, Johnson, claims that he stated in Captain Lewis*^ presence, in the shipping office, that he was under 21 yeara of age. Captain Lewis denies this, and swearsthat the first he knew of it was when Johnson told him he was nnder age after hehad been two days on board, and that Johnson then. ����