Nolan

Appellant filed a libel in personam against Michel Nolan, alleging that he, Nolan, was employed to pilot the motor-ship Childar and that by reason of his negligence as such pilot in crossing the Columbia river bar, the ship grounded on Peacock Spit, and that as a result of the impact the appellant Patrick E. McGrath, who was a seaman on board the motor-ship, was seriously injured, for which injuries he claims damages in the sum of $50,000. The libel alleges that the respondents other than Nolan, and other than certain surety companies who were also joined, were members of the Columbia River Bar Pilots Association, and that this , association was a copartnership having its principal place of business at Astoria, Or, Because of this alleged relationship, it' was sought to hold all the pilots belonging to the association, and their respective surety companies, for the negligence of Michel Nolan. Exceptions to the libel were filed on behalf of all respondents. The exceptions were sustained and a final decree entered dismissing the libel. This appeal followed.

The first question is whether or not the injured seaman was entitled to maintain an action against the pilot for compensatory…