Henry Billings Brown

“ Abello came to him in person, and, as Abello says, told him the West Indian, also expected, could go to No. 1 wharf, but that he had no berth for the Stroma. Mr. Andrews suggested to him that the seaward end of the north side of No. 2 wharf might be a suitable place, and Abello assented to his putting her there. Andrews admits that he had seen the dredge sink in the slip, put claims that, 'at the time it sunk, it was lying close to No. 1 wharf, to which it had been moored,' the distance between the two wharves being about 150 feet. ”

“ Inasmuch as we are of opinion that the circuit court of appeals was in error in holding the respondent liable, the decree of the circuit court of July 7, 1891, must be affirmed, and the cause remanded to that court, with directions to dismiss the libel. ”

“ As she neared the wharf, Andrews spoke to the officer in charge, reminding him of the dredge being there, pointing him in the direction, and then called out to the captain, 'Hug in close to the wharf, and you will clear the wreck.' The testimony of the supercargo of the Stroma was that, as the steamer swung along parallel with the pier, Andrews called out to the captain 'to be very careful in backing up the dock, and not permit the stern of the ship to swing out into the dock, as there was a sunken dredge somewhere up the dock that it might run foul of' ”

“ But, while the court of appeals may have been limited on the second appeal to questions arising upon on the amount of damages, no such limitation applies to this court, when, in the exercise of its supervisory jurisdiction, it issues a writ of certiorari to bring up the whole record. ”