Page:Federal Reporter, 1st Series, Volume 2.djvu/883

 876 rBDEBAI) EEPOBTEE. �etatement or details. The averment of a charge of negli- gence, in general terms, against both schooner and steam-tug, is too uncertain and indefinite to be considered an allegation of any particular negligence at ail. �The only specifie charge is the not seeing the other vessel seasonably. This may possibly be equivalent to the ordinary averment of not keeping a good lookout. But there is noth- ing to show how or why this fault caused the collision. �If the claimants had seen fit to go to trial on this libel, the only act of negligence upon which either of the vessels could be held would be the not seeing the other in time. If libel- lant failed to prove this his libel would be dismissed. But the claimants, even as to this charge, are entitled to a more definite and detailed statement of the facts of the collision. �It is suggested that the owner or master of the canal-boafc, not being in any way responsible for her navigation while in tow, lashed along-side of a tug, has not the means of knowl- edge, or the information as to the circumstances and causes of the collision, which the owners of the two vessels, or those whom they have placed in charge of them, must be presumed to have. �If, however, a libellant on this ground seeks to excuse him- self, in some particulars, from that fulness of statement which the practice requires, it should appear in the libel that he has not knowledge, or means of information, suffieient to state the details in question. The presumption is that there was somebody on the canal-boat at the time, and that a party having a cause of action can ascertain the material facts on which it is based. Of course, greater indulgence, both in the matter of pleading and in the matter of amending pleadings to conform to the facts proved, will be granted to persons thus situated, having less full means of information, and less obligation to observe the movements of the vessels, than the principal actors in them have. �But this rule of practice is wholesome and necessary for the ascertainment of the real issues to be tried, and for fair play between the parties upon the trial of the cause. Exceptions sustained ; the libellant to have one week to amend his libel, and to recover no prootor's fee in the suit in any event. ����