Horwill, J.

1. The plaintiff, who is respondent 1 here, was hired with his boat by respondent 2 to carry iron bars to the "S.S. Sorada" of the appellants company. According to the rules of the harbor, the work of loading should cease at 5 P.M.; but the Courts below have found that the officers of the ship and respondent 2 were very slow and negligent in the loading of these iron bars into the ship, with the result that the work was not completed at 5 P.M. It has been found further that the plaintiff was anxious to return to the shore at 5 P.M., but that he was detained under threat that if he did not remain, he would not be given his wages. During the night, at about 10-30 P.M., an extremely heavy squall arose; and the master of the ship found it necessary for the safety of the ship to cast off the boat of the plaintiff and others. They were then still loaded with iron bars and sank almost immediately. The plaintiff claimed the value of his boat. The first Court gave a decree against defendant 2 (respondent 2) and dismissed the suit against defendant 1(the appellant) on the ground that the remedy against the shipping company was barred by limitation. En appeal, the learned D