Page:Federal Reporter, 1st Series, Volume 5.djvu/844

 882 FSDESAIi BBPOBTBB. �teenth of December, 1877, to the twenty-ninth of December, it was found impossible to reaoh the dock from this cause, and also, a part of the time, on account of ice formed about the boat. The respondents did ail they could, meanwhile, to assist the libellant in overcoming the difi&oulty, and about the twenty-fourth day of December they obtained permission of a steam-boat company, owners of an adjoining pier, to have the coal landed there ; and this was done at consider- able additional expense to the respondents in receiving the coal. �Upon the proof, I think the delay in getting to the place of discharge, was not caused by the insufficiency of the repond- ents' dock, or any obstacle they threw in the way. There is a great eonfliot in the testimony of the parties, but the libellant is, on material points, so contradieted as virtually to be discredited, Upon settlement of his freight bill the libellant brought up the subject of a daim for demurrage, but, upon the suggestion by respondents of the extra expense they had been at, the claim appears to have been waived or abandoned, but afterwarda this suit was brought. �Xiibel dismissed. ����