cariilot'\vellbe. raised by demurrer.' It can orily 'be raised by' of exceptions to the bill. Although the clause in view we take of it, has no place in the bill,for the reasons above stated; yet we do ,.liot see how we can well sustain this point of the demurtl:lr. If I were the pleader in the case I would file a newbiU omitting theobjectionable matter. As it is, the complainants will 'have to file a new bill, inasmuch as' the firs1 point of the demurrer is sustained, and we will make lio 'order on the other point oHne demurrer: Let 'thEl' entry be thaUhe first 'point of the ,demurrer is sustained, with leave toeoinphtinants toille an amended bill on or before October 20th.
MAGGIOW, tl. ·TIlE . MINEOLA.
By admitted negl!!JenlJl'l, sound man, earning from '12 to S20 per week; 'sustamed a fractUre of tlie anRle, and a rupture, which confined him to the hospital for 85 days, and permanently injured him, and incapacitated him t,,:r'l!,-eI\VYlworko .Held, tl:lall MshOulil J;OCl)ver 16.-600·
. Ullo«R.ueb8amen, tOf,libelant·.,
recover damliMs:'for personal . . 1 ,"I 'Claimant.',', ' r "
.. ,· ".-,-
,Th.is ,t9rec.Qv.eJ,: fOf :per,$onal. injUries done to the libelant by the Jailing upon him, in the hold ofa ship where he of bags of.sugar weighipg, about The 'result was the breaking of' hIs ankle, and '" By reason of these injuries, hewas confined in ine hospital for 85J da:ys,:'and for 5 months after he came but Of the hospital it· 'was difficult for him to. by aig stick. He is 32 years of age; was a sea-faring (man in Tta'1'YI arrivea'ih this country five or six months before the ac'cident, and Mterhisarrival he worked as a lon'gshoreman, earning from :$12 W$20 per week. In 'Italy, he about$16'per month and his bOIl:Nf. ; 'BefQl'& the accident,he was a sound man. Since the 'R'ccidpnt,. he suffers pain, and seems to be permanently incapacitated' fot heavy work. He has trieg to 40 some buJ, ,89 far" failed, not being able to go utyanddown"stafrs 'withouthilriging on tb; Reputable physicians testify that the injured leg is smaller than the left, with a certain amount of stiffness and rigidity in the ankle-joint, which is permanent; that he is not able to do hard work; that he is able to use his hands, but is incapacitated from heavy work by the rupture. No
by Edward G. Benedict, Esq., of the New York bar.
question is made lUI to the right of the libelant to recover. The liability of the.ship is admitted, and the only question left to the decision of the counis as to the amount of the damages. Upon this question, the libelant referring to the case of Millerv. The W. G. Hewes, 1 Wood8, 363, where $8,000 was allowed. and to the case of The D. S. Gregoryand The George Washington, 2 Ben. 226, where $10,000 was allowed·. If the method of determining the adopted in the case of Miller v. The W. G. Hewes. was followed, it would give the libelant a decree for $17,240, a sum which, in my opinion, would be excessive in a case like the present·. The claim 9f the libel. is $10,000. No two cases of this character can be precisely alike, and, so far as I am able to judge from the evidence before me, the libelant's case is less severe than either of the cases referred to. I am of the opinion that· an allowance of $6,500 will be just in this case. Let a decree for that amount be entered, and the costs to be taxed. ..
THE TRANSFER No. 4.1
. ,1'; ,'I',
SNOW !?THE TRANSFER
ooun;' E; ,D. New' York. November 11,1890.)
COLLISJOW--BTEAM AND S.lILIN,G VII:SSB.L--,CIl.lNGB 011' COW\SII:.
The tug·Transfer No. 4i with-a car-fioat (lnher port side, left 'Harlem river in the nigbt, bound fOl Jersey City. The tide was ebb. t;he took the usual eourse on Booh _ tide, crossing from the upper point of Blackwell'lI tsland to the Long island Bide. and we,nt down the cbannel on that side. A schooner was coming up the middle of tbe cbannel, with a fair wind. As she neared the tug, she ported. ran to within 100 foo.tcf island shore, and collided with the tow. Held. that the ; aaUBe' of 'the collision was the· schooner's change ofcoune, .andthe tug was 110\ liable.,. ; _ , . " :
PetI!r $. Carter, for ... Pa.ge ac .Taft and. R., D. Benedict,for claimant.
; J. The' resulteq.Jll. the .sinking of.the 1'(0.4, is plainly attributable her course, as required to do missed, and with costs. which gave rise to thi!l action, and which schooner Aaron Snow by the tug Transfer to the fault of the schooner in not holding by law. The libel must. therefore be dis-
damages eaused by collision·.
lB,eported by EdwriG. Belledict, EsQ.., of the New York bar.