Page:Federal Reporter, 1st Series, Volume 1.djvu/75

 RICHABDS y. HANSES. 67 �given evidence tending to convince the court that the sait •water obtained access to the sheet iron through the ceiling. Testimony to the contrary cornes chiefly from the stevedore, but his statements are so indefinite, contradiotory, rash and inconsiderate, that they fail to secure the concurrence of the court in their accuracy. Beyond controversy the damage to the sheet iron was occasioned by blowing, by which is meant that the sait bilge-water found access to the iron, as stowed in the forward part of the after hold, through the seams and crevices of the ceiling, when the vessel rolled ; from ■which it foUows that the libellants are entitled to recover, and that the decree must be reversed. Separate findings of fact and law are required in an admiralty suit in the circuit court in ail cases where the amount in controversy, on appeal, is sufficient to give the supreme court jurisdiction to re-examine the decree rendered in the circuit court ; but vyhere the sum or value in dispute does not exceed the sum or value- of $5,000, a more general finding of those matters in the opin- ion of the circuit court will be sufficient. 18 St. at Large, 315, § 1; 316, § 3; 1265 Vitrified Pipes, U Blatch. 279. �Prior to the filing of the answer the libellants filed an amendment to the libel, increasing the ad damnum to $4,000, and inasmuch as the respondents made no objection to the amendment it is deemed proper to regard it as hav- ing been duly allowed, as otherwise it would be allowed by this court. On June 16, 1876, the libellants asked leave to file a second count as an amendment to the libel, and the court ordered it placed on file, reserving the question of its allowance or disallowance to be decided at the final hearing. Pursuant to that order the amendment, as proposed, is aUowed, but the additional amendment proposed at the argu- ment, further increasing the ad damnum, is disallowed. Evi- dence as to the estent of the damage is contained in the rec- ord, and in view of that fact it is not necessary to refer the cause to a commissioner to ascertain the amount, the court being satisfied that the loss exceeds even the amended ad damnum of the libel, which is ail the court can allow under the pleadings, exeept for costs which have arisen through the ��� �