Morrison Waite

“ If proper care is taken to avoid surprise, and to confine amendments in the appellate court to the original subject of controversy, so as not to allow matters outside of the general scope of the pleadings below to be brought in, it is difficult to see how any possible harm can come from permitting a libelant to amend his libel in such a way as to give him the full benefit of his suit as it has been begun. ”

“ A new trial, completely and entirely new, with other testimony and other pleadings, if necessary, or, if asked for, is contemplated,-a trial in which the judgment of the court below is regarded as though it had never been rendered. ”

“ Doubts or fears of misunderstanding signals shall be expressed by several short sounds of the whistle in quick succession.' The particular specifications of insufficiency are (1) that it does not appear that the signals for passing had been made and answered before the boats came within 800 yards of each other; and (2) that the failure of the Cotton Valley to understand the signal of doubt or fear made by the Morgan was a fault on her part. ”