Page:Federal Reporter, 1st Series, Volume 5.djvu/218

 20@ rCiDEBAIi BEFOBTEB. �that whether that motion can be ultimately sustaîned on ita merita or not, the complainant cannot be regarded as in such default for want of a replication as to entitle defendant to a dis- missal of the suit. �The motion to dismiss will be denied; and, as it seems desirable that proper issue in the cause shall be joined -with- out unnecessary delay, the motion to strike the answer from the files may be brought to a hearing on 10 days' notice by either party. ���DuANE and others v. Stbam-Tuo Emma J. Kennedy, etc. {District Court, S. D. New York. October 8, 1880.) �1. Collision— Sloop and Beig Lting ot Samb Pier— NaJieow Chan- �NEL — RKF08AL OF Sloop TO Haul Out. — A sloop and brig were lying stem to stem on the north side of the same pier, about 60 feet apart, the sloop being just inside the pier, with her bow towards the river, while the brig was further up the slip, with her starboard side to the pier. The brig drew about 14 feet of water, and there was not sufBcient depth of water to haul her out, except along the dockwher* the sloop was lying. The sloop refused to pull out by the end of the pier in order to permit the brig to be hauled out by a tug Hdd., that the tug was Hable for ail damage caused by an attempt to pull the stern of the bring by the stem of the sloop as she lay at the pier. �The tug could have herself hauled the sloop out of the way flrst or have sent for a harbor-master to compel the sloop to move away. �2. Bame— CosTS.— //eîfî, further, under these circumstances, and whero �the sloop had only proved an insigniflcant part of the damages claimed, that the libellants were not entitled to costs.— [Ed. �F. A. Wilcox, for libellants. �W. H. McDougall, for claimants. �CnoATE, D. J. This is a libel brought to recover damages for a collision between a brig in tow of the steam-tug and the libellants' sloop, the S. S. Howell, on the eighth day of Sep- tember, 1879. The sloop was lying on the north side of the pier at the fopt of Thirtieth street, North river, -with her bow towards the river, and just inside the end of the pier. The brig was lying further up the slip, with her starboard side to the pier. They were thus lying stern to stern, with a space ����