Ancich

This decision concerns the right of fishermen employed upon a lay plan to maintain a libel in rem and in personam in their own names against a vessel which negligently collided with the vessel on which they were employed, and thereby caused them to lose their share of a prospective catch of fish during the repair of their vessel.

The Bear and the Marsha Ann, fishing vessels of 65 feet and 100 feet in length respectively, collided in the fog two miles off the breakwater of Los Angeles harbor on the morning of November 30th, 1948. Ten days later seven of the fishermen on the Bear filed a libel in rem and in personam for damages and maintenance against the Marsha Ann and her owners. The crew of the Bear consisted of the two owners, Kor-gan and Bilas, and nine fishermen. The fishermen were employed on what is commonly known as a lay plan under which their compensation (instead of wages), was to be a share of the proceeds resulting from the fishing venture. The two owners also had shares, both as owners and as fishermen.

Subsequently Korgan and Bilas, owners of the Bear, filed an intervening libel against the same' respondents seeking recovery only for the damages sustained by their…