1, Admiralty — Jurisdiction—Marine Tort.

Libelant purchased from a ticket broker the return coupon of a first-class excursion ticket from San Francisco to Albany, Or., and return, such coupon bearing on its face no prohibition of transfer, and entitling the holder to travel, partly by rail and partly by steamer, to San Francisco. The ticket was accepted, without objection, for libelant’s passage over the railroad, and he went on board the steamer, showed his ticket, was assigned a berth, and enjoyed the privileges of a first-class passenger until the middle of the following' day, when the purser of the steamer informed him that his ticket would not be accepted, and refused longer to furnish him accommodations, unless he paid the full fare to San Francisco. Libelant refused, but offered to compromise by paying for a steerage passage. This the purser refused to allow him to do, and publicly ordered the steerage steward not to furnish him food or accommodations,. First-class accommodations were offered him, if he would pay for them, but libelant, declining to do so, was obliged to pass the night and part of a day, without food or bed, in an exposed part of the steamer, in cold and foggy weather. Held, that libelant was entitled to be conveyed to San Francisco as a first-class passenger, without paying additional fare, and the refusal of the officers of the vessel to give him such accommodations was a marine tort, for which libelant might proceed, in admiralty, against the vessel, without regard to any question of the jurisdiction of admiralty over the contract for land and water transportation under which he had been taken on board.

2. Carriers oe Passengers — Duty to Furnish Accommodations.

Held, further, that neither the fact of libelant’s enjoying first-class accommodations for a part of the voyage, before any objection was made to his doing so, nor his subsequent failure to accept such .accommodations, when tendered to him on condition of his paying fare, affected his right to recover for the tort of the vessel’s officers.

8. Same — Damages.

Held, further, it appearing that libelant had been subjected to annoyance and some public humiliation, with great discomfort, but had suffered no serious physical injury, that $300 was a proper allowance as damages.