910 FEDERAL Ritromnn.
validity of.the patent, that judgment went for plaintiif in the trial of the
cause. The presentation of the petition for a new trial has only tended ‘ »
‘ to make more clear the fact that the sole question involved is that of in-
ventive skill in producing the combination, yet upon this, the pivotal
point, no new light has been shed upon the case.. It was a doubtful
question when the original hearing was had. The earnestness and zeal
with which counsel for defendant have re-presented their views may have
accentuated the doubt, but nothing has been adduced which satisfies the
court that upon a new trial a diderent result would be reached. Conse-
quently the petition for a rehearing must be denied.
. Tm; Nitwromu
Huron. et al. v. Tim Nnwronr, (Naw Yom: & C. S. S. Co., Claimant.)
. (Circuit Court, S. D. New York. October 15, 1888.)
0om.rsron——Evmmncm-Snr·1¤·zcmNcv—M4rnmuAr1caL Dmmonsrzwrron.
Upon a libel for collision the direct testimonywas that claimants steamer,
at t 0 moment of collision, was from seven to eight miles 0E shore, and
that the schooner with which she collided sank within half a mile. Libel-
ants urged that the schooner thus collided with was one they had lost, but
the wreck of their schooner was found within four or Eve miles from shore.
They undertook, however, to show, by mathematical demonstration, from cer-
tain bearings which had been taken, that the steamer could not have traversed
the lines subtended by the angles thus formed, within the time allowed by her
. logs, upon any other course than one which was diiiferent from that shown by
the direct testimony, but there was a variance of five minutes between the
engineer’s and steamer’s logs, as made a short time before the collision. Held,
that the demonstration based on these logs was not sufficient to break the
force of the direct testimony, and that the schooner collided with was not
that of libelants. . _ ·
— In Admiralty. On appeal from district court, 28 Fed. Rep. 658.
Libel by Alfrederick S. Hatch and others against the steam-ship New-
port, the property of the New York & Cuba Steam—Ship Company, claim- 4
ant. From a decree for claimant, libelants appeal.
.. Findings of Phat. (1) The 1ibelants’ schooner John K. Shaw left New-
port News about noon on the 21st of February, 1884, bound for New
Haven, with a cargo of 324 tons of coal and 110 tons of pig—iron, the
iron beingon deck. (2) On the afternoon of February 24th some wreck-
age Boating in the ocean off the Jersey coast was found by the tug-boat
Maggie Moran, which was known to be part of the John K. Shaw by its
having on it the bell of the Shaw. This wreckage was part of her deck, ~
with steeringgear, on which deck was the tatlrail and a portion of the
rail on each side,¤there being no break where the rail joined the taifrail,
and 0n.it was also the starboard davilé Uninjured. (3) At daylight m
the morning of Sunday, February, 24, 1884, the masts of wreck were
se.en standing out of, the water at a point about four and a.,half miles off