1. Shipping iS=209(3) — Petition foe Limitation of Liability — Answer— Sufficiency.

A petition for limitation of liability, filed by the operator of a vessel, alleged that it was used by petitioner in the business of transporting passengers and freight; that on one of its trips, deceased was a passenger on the lower deck, on which deck there was a doorway, through which freight was loaded upon and discharged from the vessel; that, when the doorway was not being used for that purpose, it was closed by a heavy sliding door; that before departure the door was closed, and that on the voyage deceased, either by himself or in company of others, without the consent or knowledge of petitioner, and without any authority to do so, shoved back the sliding door, thus opening the doorway; that it was the custom of the launch company to protect the doorway by placing, about four feet from the floor of the deck, a heavy horizontal bar, but that on the occasion in question, the door having been pushed back without tlie knowledge of petitioner or any of its employes, the bar was not so placed, and the opening was thus unprotected. The answer of complainant, the mother of deceased, alleged that it was the custom of petitioner to permit the door to remain open when the vessel was on her voyage., and to Xilace across the open space the heavy bar for the purpose of preventing passengers from falling into the water; that deceased, while a regular passenger on the boat, with his faro paid, and while the boat was making one of its regular trips, fell through the open door and was drowned, by reason of the negligence of petitioner in failing to place the bar or other safeguard across the doorway; and that petitioner was negligent in operating the vessel with an insufficient crew. Held, that the answer, which set forth that deceased was a regular passenger and, having always been accustomed to see the bar placed across the doorway, relied upon its being so placed for his protection, was sufficient to sustain a decree for the claimant.

2. Shiiting

In a proceeding to limit liability of the operator of a vessel for damages on account of the death of a passenger, who fell through an opon doorway and was drowned, evidence held to establish the negligence of the operator of the vessel in failing to have the doorway guarded as was its custom; it appearing that the vessel at the time was being operated with a crew short of that required by law.

3. Shipping' @==>209(3) — Evidence—Sufficiency.

In a proceeding to limit the liability of the operator of a vessel on account of the death of a passenger, who fell through an open doorway and was drowned, it appearing that the doorway had always previously been protected, evidence held not to require or justify a finding of contributory negligence on the part of the passenger.