Callan

Callan brought a libel against Cope for $497.00 maintenance, the reasonable value of medical expenses, and for $35,000.00 damages for personal injuries. On petition of libelant, the court ordered Arthur Austin to be joined as respondent. Austin was cited to appear on January 13, 1946. The cause was brought to trial before District Judge O’Connor on January 7, however, and Austin did not appear below though he was called as á witness by libelant. At the close of libelant’s evidence respondent moved for a nonsuit. The district judge ruled that libelant had shown no right to relief and dismissed the libel with prejudice as' to both respondents. On the hearing of the appeal Austin appeared and defendant in a trial de novo before us.

Cope is the owner of the “Atlas,” a fishing vessel. On October 16, 1944, Cope broke his arm and was unable to take the vessel out fishing. Cope thereupon orally chart■ered the vessel to Austin, who was to have exclusive possession of it for the mackerel season. Later in the day, Callan approached Cope and asked for a Job. Cope referred Callan to Austin, who, in turn, employed Callan to fish on the vessel. The final arrangement was that Cope was to get a…