Liisanantti

Appellant brought this libel to recover damages for personal injuries sustained by him and for damages to his fish net, incurred when the ferryboat Tourist No. 2 ran over his fish net in the waters of the Columbia river. By agreement of the parties the District Court referred the case to a commissioner to “receive evidence, make findings of fact and draw conclusions of law pn all issues disclosed by the pleadings referred herewith and recommend to the court a decree to be entered thereon, all to be delivered to, received in and finally passed upon by this court. Said Commissioner is authorized and empowered to do all things and to make such orders as may he required to accomplish a full hearing on all issues of fact and law in this causo and the exceptions of the parties to the rulings, findings, conclusions and recommendations of said Commissioner are reserved.”

The eourt adopted the report of the commissioner as its finding's of fact and conclusions of law, and dismissed the libel, followed by this appeal.

The facts as reported by the commissioner, and so far as they are not in dispute, are substantially as follows:

The month of August is generally the height of the fishing…