Jurjev

The appeal is from an order in a limitation proceeding dissolving an injunction restraining the prosecution of a suit in the state court.

Appellant was charterer and operator of the fishing vessel “Helen L”. Appellee, one of the* crew, was injured while going aboard the vessel. He brought suit in the Superior Court of the State of Washington against appellant and the owner to recover, damages on allegations that his injury was the result of their negligence. The defendants answered, and later appellant petitioned the court below for exemption from or limitation of liability, 1 filing an ad interim stipulation for the value of its interest in the vessel and pending freight. The admiralty court issued a restraining order and a monition citing all persons to appear and file claims in the limitation proceeding.

Appellee excepted to the petition on the ground (1) of insufficient facts, and (2) on the further ground that the petition sought to limit liability to the value of the interest of the petitioner as charterer, and not to the value of the vessel. The court overruled the first exception but sustained the second, ordering petitioner to file an ad interim stipulation for the…