Page:Federal Reporter, 1st Series, Volume 4.djvu/941

 MEMPHIS & ST. L. PKT. CO. V. STBAM-BOAT H. 0. ÏAEGBB. 927 �question of the amount of damage, was -vfithdrawn from the usua,! mode of trial by reference. The claimants -were not called upon oa the trial to bring out the strength of their case on this point. As the height of the water was not material to the determination of their liability, which was the question tried, they are not concluded by the inference drawn by the court from the proofs as to that point. This observation in the opinion might well have been omitted as wholly unneoes- sary to the point to be decided. Neither the decree nor the minutes nor the briefs of counsal show any stipulation, nor anything equivalent to a stipulation, or an order of the court that this question should be passed on at the trial. The opinion expres sed on the point mustitherefore be regarded as at most a dictum expressing the opinion of the court on the proofs as they then stood,, not in any way precluding either party from introducing any competent evidence before the commissioner touching the extent of the damage caused by the flooding of the ship on the night of the twenty-eighth of December. �The commissioner will proceed in accordance with this decision. ���The Memphis & St. Louis Packet Co. v. Steam-Boat H. C. Yaeger and others. �{District Court, E. D. Missouri. Novcmber 23, 1880.) �1. Collision — Damages. — The expenses from the port of departure to the place of collision, and of return to the port of repairs, will not be allowed in damages. �In Admiralty. On exceptions to commissioner's report. �Noble e OrricJc, proctors for libellant. �Given Campbell, proctor for libellee. �Teeat, D. J. The court having heretofore decided that the collision was one of mutual fault, the only question remaininij war, to determine the amount of damages, and ����