The New Brooklyn

SWEENEY, District Judge.

This matter is before me on exceptions filed by the claimant to a libel in admiralty. The action in rem was brought against the S. S, “New Brooklyn” to recover damages for injuries suffered by, and for the death of, a stevedore employed by a stevedoring company but working aboard the libeled vessel.

The exceptions attack the-libel in two respects: First, because it does not state a cause of action which will lie under the Jones Act, 46 U.S.C.A. § 688, since the relationship of employer and employee did not exist between the libelant and the libelee, and, secondly,…