Page:Federal Reporter, 1st Series, Volume 5.djvu/826

 814 FEDERAL REPQBTEE. �at the time of the collision, or to give a stipulation with sure- ties for the payment thereof. F^th, that they also desire to contest their liability and that of the Mamie for the loss of life occasioned by said collision, independent of the limited liability act. Sixth, ih&i the Mamie was seaworthy, and prop- erly manned and equipped. Seventh, that one James H. Cuddy was appointed, by the probate court of this county, administrator of ; the estate of the persons whose deaths were occasioned by this collision ; that he has commenced suits in the superior court of Detroit against petitioners, as owners of the Mamie, for, damages; that, in addition to such suit, peti- tioners bave reason to believe and do believe that other claims on account of such collision will be made against them, and other suits instituted to recover the same, and that eaeh one of said claims will, if established, greatly exceed the value of the Mamie and her freight at the time of the collision. �PKAYEE. �That they may be entitled to the benefit of the limited lia- bility act, etc. jind that, until the judgment of this court shall be renderedj the court will make an order restraining the further prosecution of suits against petitioners by Cuddy, and of ail other suits in respect to claims arising out of said collision. �To this petition a special plea was filed, denying that the Mamie was engaged in commerce and navigation between ports and places in different statea and territories, and foreign countries, as alleged inthe first article of the petition, and also averring that she fell within the description of canal-boats, barges, and lighters, excepted from the benefit of the act. �^IJ'eistimony was taken under this plea regarding the char- act.er, and employnaent of the l^amie, and the case was sub- mitted upon these pleadings and.proofs, �F. H. ÇarifiMi Wm. A. ^oore, and H. H. Swan, for peti- tipuerp;,^ ' _ ;. ■ . ^ ;, �,,^. ikf. Camphell and Alfred ïiussell, contra. ����