Page:Federal Reporter, 1st Series, Volume 5.djvu/554

 B42 ./i- ; FEDERAL REPORTER.- iK ' �bef ore the deceaseà: reached it. When the pilot saw tljat the passengers on the forward part of the boat had gottën off, lie commenced working his wheels to swing th«: stem up stream, and this naturally increased the opening on the lower sida; and 80 it was that the deceased, unconscious of this fact as he ■walked forward in the comparative darkneas, encountered a chasm between the boat and pontoon, in the place where othera had just croBsed in safety, wider than he had reason to expect or was àware oi.' True, the pilot, when he commôûced swing- ing around, being aware of the opening he was màking between the pontoon and the boat, called out, "Stand back." But the order was directed to nobody in particular, and coming as it did from above and behind the deceased, in a voice unknovm to him, it is not likely that it was understood or reoognizôd by him as being applicable to persons in his situatioti. There ought to have been some one on deck to apply and enforce the order, or some'guard or gatô to preveiit passengers frOm going f orwai'd of the railing tiritil the landing was completed ; and àbove ail therë ôught tô'hàve been light enough' in thô vicinity iô have màde the situation apparent ib e'^ery ohe ott board. This omission was the negligence whieh eaused thô �■ death. " ' �The libellant contend's that the damages ought to be eix- emplary, and that they ou^hfto be estimàted for the suffer-' ings oi the deceased and the iûjury to thel 'feelings of -the Burvivors, as wëll as the' pëcûniary losa t6 his estate. The' Bufferings of the deceased were merelymdmëntary, and could hardly Tbecome the suhject of damages *iinaëi''*aiiy etfcumi iBtance8;'iior do I think that either of these grStmds oi daffià ages are within the' statute.- It piroVides "that whefa'the deàtii' of a person is caused.by the wrongful'act or omission of an-- other," undef the' circumstaheea of this caëe, 'the persenàj representatives of the deceasedmay mairitain an'aetibri there- fot, "and the damages thereiû shall not ex'eëedl $5,000, and the amount recdvered, if 'àhy, shall be adMinisterëd as ôthôr Personal propei'ty of 'the deceased. " ■ The daiiiàg€3-àre 'a psirt �. of 'the general aksBts'ôf'tii^ estiate'Ôf' the aebeaiyd, aild belc^g ����