Frymier

This is an appeal from a final decree in admiralty in favor of the libelants. The amended libel, filed in April, 1926, alleged that in November, 1925, the master'of the fishing vessel, against which the libel was filed, employed the other libelants as members of the crew of the vessel and agreed to pay to each of them, while so employed, one-sixth of the net proceeds derived from the sale of any and all fish caught by the vessel; that between January 1 and January 26, 1926, the libelants served on the vessel as master and members of the crew and engaged in fishing operations in the waters of the Pacific Ocean; that during that period the vessel caught 200 tons of fish, which the master sold for the sum of $10 per ton, receiving in payment therefor the sum of $2,000; that the net amount received from the sale of the fish, after deducting all expenses of operation, was the sum of $1,500; and that under and by virtue of the terms of their contract of employment there became due to each of the libelants one-sixth of that amount, or the sum of $250. The evidence offered at the trial wholly failed to support the allegations of the amended libel in that respect. On the contrary, it was…