Hogan

This is a libel in personam against respondents Marco H. Heilman, individually, and Heilman Commercial Trust & Savings Bank, a corporation. The claim is for money damages on account of personal .injuries alleged to have been sustained by libelant 'while being gratuitously transported in a certain fishing boat, called Traveler, from the port of San Pedro, Cal., to San Clemente Island, in the Pacific Ocean. It is alleged that the fishing boat Traveler was unseaworthy, unfit, and unsafe for the carrying of libelant on said voyage, and that by reason thereof and of respondents’ negligence libelant has sustained injuries and damage to the extent of $100,300 lawful money of the United States, for which amount she asks a decree against respondents.

The ease is unique. Neither proctor, in argument or on brief, has cited any analogous or parallel ease in admiralty, and I have not discovered any by an extended independent research. The decision of this cause must therefore be based upon, principle, rather than upon authoritative analogous decisions of admiralty courts;

The serious and close question in the cause is whether, under the facts as shown by the evidence, respondents’ liability…