Page:Federal Reporter, 1st Series, Volume 5.djvu/129

 MINTUBN »k; ALEXANDBE. HT �MiNTURN and others v. Alexandre and others. �{District Court, 8. D. New Tork. , 1880., �1. Collision — Damage to Caego — Libel — Aterment of — Trri.B— Pleadixg— Pkoof. �A libel, flled to recover damages for collision to a cargo, should con- tain averments showing unequivocaliy, and with reasonahle cer- taintj-, that the libellants had sueh a «pecial or general right of prop- erty in the cargo that by its loss or injury they had suffered damage. �Where the libel averred that certain sugars were laden on board the British bark H., "to be carried thereon to the port of New York, and thence safely delivered to your libellants, and bills of lading theref or duly signed by the master of said bark, naming the libellants as consignees of said sugars;" and also averred "that by the col- lision your libellants bave suffered damage in the value of said cargo 125,000,"— �An exception having been flled to the libel that it did not aver what, if any, interest the libellants, as consignors. had in the. property : �Hdd, that the averments of the libel did not necessarily import that the libellants had any interest in the goods, and that the excep- tion to the libel must be sustained. �Distinction between the sufflciency of proof of facts as evidence, and the sufflciency of the averment of facts as matter of pleading,, stated. �In Admiralty. �B. D. Benedict, for respondents. �G. A. Black, for libellants. �Choate, d. J. This is a libel for collision. The libel avers that there was laden at the port of Havana, on the British bark Helen, certain sugars, "to be carried thereon to the port of New York and there safely delivered to your libellants, and bills of lading therefor duly signed by the master of said bark, naming the libellants as consignees of said sugars." The libel then avers in proper form the facts of the collision by which the vessel was sunk upon the voyage. It also avers "that by the collision your libellants have suffered damage in the value of said cargo §25,000." An exception is filed by the respondents because the libel does not aver "what, if any, right, title, or interest the said libellants, as consignees, had in Baid sugars at the timea in the libel mentioned." Thia ����