Ayers

This appeal is from a decree dismissing a libel by James Ayers, hereinafter called libelant, against the vessel Golden Star and its owner, Oceanic & Oriental Navigation Company, a corporation, hereinafter called respondents. The appeal is prosecuted by and for the benefit of libelant’s proctor, who seeks thereby to recover of respondents his costs, fees, and disbursements in this case. The District Court filed and adopted as its findings of fact the following opinion:

' “Libelant filed suit ‘in rem and in personam,’ based on a charge of negligence resulting in alleged personal injuries, for which damages were sought in the sum of $50,000. While the amount sued for is large, we know that litigants in personal injury cases frequently make claim for large damages and thereafter *688 settle for smaller amounts. The suit is for a tort in which the damage is indeterminate, and there is always uncertainty as to the facts of the case and the verdict or judgment. Purcell v. Lincoln, 20 Fed.Cas. page 64, No.11,471; Swanson v. Chicago, St. P. & K. C. Ry. Co. (C.C.) 35 F. 638 .

“Before trial, libelant settled his case with respondents without the knowledge of his proctor. Upon…