Page:Federal Reporter, 1st Series, Volume 7.djvu/940

 £28 FBDEBAIi BEFOBTEB. �possible inconvenience, from the moving ropes and sails, and to get them oui of the way. If the libellant heard and un- derstood the request, (which is very doubtful,) he took the risk of such inconTenience in remaimng, but nothing more. If greater risk was involved, (such, for instance, as of the block giving way,) I incline to believe the respondent should be held Uable for failing to remove the libellant, or to seethat he distinctly understood the warning and the danger. A decree will be entered dismisaing the libel with costs. �I will add here what I had intended to say above,— that if there was failure, (as the libellant asserts,) to keep the swivel oiled, this could not, in my judgment, have eontributed to the shoulder drawing ont; and the question whether there was, or was not, such failure, is, therefore, unimportant. The testimony of the witnesses, who have spoken on the sub- ject, however, is that the block appeared to be in good order in all respects. ���END OF CASHS IN V0£>. 7 ��� �