Rainey

Subsequent to the filing in the court below of the libel in this case, the respective parties thereto entered into this:

Such dismissal was entered, and the libel thereupon amended. Subsequently a second amended one was filed, to which exceptions were taken by W. R. Grace & Co., and, the libelant declining to further ,/tmend, a decree was entered dismissing the libel, from which decree the present appeal was taken.

In substance the sécond amended libel alleges that the libelant is a citizen and resident of the state of Washington, the widow and sole heir at law of David L. Rainey, deceased, the administratrix of his estate, and sues the said W. R. Grace & Co. for her own ’benefit to recover damages growing out of the alleged death on the 25th day of February, 1908, at the port of Moliendo, Peru, of the said David L. Rainey, her husband; that the New York & Pacific Steamship Company, Limited, a corporation of Great Britain, was at all times between the 1st day of August, 1907, and the 25th day of February, 1908, the registered owner of the British steamship Cacique, and that at all times subsequent to August 1, 1907, the said W. R. Grace & Co. was, and still is, a corporation…