PETERS, District Judge.
After this case was decided by me by an opinion, filed June 29th, a motion for a re-hearing was made and granted, and a re-hearing had; but I am still of the opinion that the libelant is entitled to have the matter referred to an assessor to determine the damages.
The re-hearing was granted on account of the claim made by the libelee that he was misled by the language of the libel and surprised by the evidence in support of it. The...
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