Melville Fuller

“ The court of appeals overruled the motion, because, as the court states, 'this act of congress was not before the circuit court when the case was tried, nor before this court on appeal, and that no reference to it or construction of it was made in either court.' After an unsuccessful application therefor to the chief judge of the court of appeals, a writ of error was finally allowed by one of the justices of this court, and now comes before us upon a motion to dismiss. ”

“ On the 27th of March Chappell moved for a rehearing, upon the ground, which had not been up to that time presented in any form, that the circuit court for Howard county should have limited the measure of damages to the value of the scow which occasioned the injury complained of, under the provisions of section 18, c. ”