Griffith

Appellee Gardner filed a petition in Admiralty pursuant to 46 U.S.C.A. §§ 183-189 seeking exoneration from or limitation of liability for all claims arising by reason of unfortunate occurrences on a voyage of the motor fishboat Vega on March 4, 1950, this voyage being from a point on Half Moon Bay on the coast of California, to sea and return. A monition was issued, notice of the filing was given and the said vessel was surrendered to the custody of the court. These formalities are not in issue on this appeal.

Appellants Mrs. Dalgus L. Griffith and William H. Griffith, Jr., filed a claim for the death of William H. Griffith, Sr., and Paul B. Cowell filed a claim for injuries suffered by him on said voyage. These claimants thereafter joined in an answer to appellee’s petition in which they alleged various grounds of unseaworthiness of the Vega and negligence in her maintenance and operation as a basis of their claims. They prayed for denial of appellee’s petition and demanded an award for damages and other relief.

In their joint answer appellants averred generally that on March 4, 1950 Cowell and Griffith, Sr., paid the fee exacted by Gardner and in company with 16 others, became…