Page:Federal Reporter, 1st Series, Volume 9.djvu/687

 672 FEDERAL REPORTBB. �was not contributed to or oaused by the absence of lights, but that it was occasioned by the negligence of the master and those in charge of the Buckeye. The exception to the commissioner's report will be overruled. and a deoree entered in accordance with the iindings of this report. ���The Willtam Cox. * (Circuit Court, 8. D. Nm York. September 12, 1881. �1. Appeal — CO8T8. �Where both parties appeal, and the decree of the iuwer court isafflrmed, neither party recovers Costa of the appellate court. �Beehe, Wilcox dt Hohhs, for libellant. �E. D. McCarthy, for claimants. �Blatchford, C. J. In this case I entirely concur in the views of the district judge, and his conclusion, in his decision in the court below, based upon the rule laid down by that court in the case of The William Murtaugh, 3 Fed. Rep. 404, which rule is a proper one for the protection of property and life. There must be a decree for the libellant for $733.05, with interest from January 28, 1881, and for his costs in the district court, taxed at |265.85. As both parties appealed to this court, and the decree below is not disturbed, neither party is to recover costs of this court, �*See 3 Ped. Rep, 645. ��� �