Schoenamsgruber

Two libels were filed in rem against the motorship Oakland, and in personam against the Hamburg American Line, a corporation, as owner of the motorship Oakland. One of the libels was brought by Hildegard Schoen-amsgruber, a minor, by Gustav Schoenams-gruber as her guardian ad litem, for $250,-000 damages, and the other was brought by Gustav Schoenamsgruber on behalf of himself and his wife as the parents of said minor child for $50,000 damages. Both libels are based upon an alleged breach of a maritime contract for the carriage of the minor child, Hildegard Schoenamsgruber, from Hamburg, Germany, to San Francisco, California. The alleged breach consisted of the alleged misconduct of a certain chief cook aboard ship resulting in the infection of the six year old daughter with a venereal disease.

The libelees, in addition to denying the allegations of the libels, allege that the contract of transportation was entered into with the mother of the minor child and that it contained an agreement to arbitrate any complaints based upon a breach of the terms of the contract. The agreement was as follows: “Complaints with respect to failure to fulfill this contract, claims for damages,…