Green

Appellant brought an action against the appellee in the superior court of the state of Washington for the recovery of $25,009 damages for the loss of his eye as a result of an injury by a fish hook, alleged to have been due to appellee’s negligence while the appéllant was a member of the crew of the Aloha on an expedition fishing for halibut on the hanks off the coast of British Columbia. The appellee is the owner and master of -the Aloha, and as such had control of the fishing boat at the time of the accident. The appellee thereafter filed this libel in admiralty to limit his liability for such injury as owner of the Aloha, under section 4283 et seq., Rev. St. (46 US CA § 183 et seq.), to the value of the boat, about $5,000, and to enjoin the further prosecution of the suit in the state court.

The appellee alleged in his libel “that petitioner desires to claim the benefits of sections 4283, 4284, and 4285 of the Revised Statutes of the United States, and the aets amendatory thereof and supplemental- thereto, and in this proceeding, by reason of the faets and circumstances hereinbefore set forth, petitioner further desires to test its liability and the liability of said M. S.…