Collins

(after stating the facts as above).

1. A brief reference to some of the testimony is, of itself, sufficient to show that the court did not err in refusing to instruct the jury to find a verdict for the defendant in the court below (plaintiff in error here).

The witness J. G. Grant testified that he knew the steamer Dirigo, and saw her come into the wharf on the night of the'injury, between 11 and 12 at night, and was upon the wharf at that time. “She came in about quartering on the dock, and when she got close — I was standing there — I *228 heard the captain say: ‘Get out of the way. She is going to strike.’ Of course, about that time I sáw she was going to strike, and I run towards the shore, and, before I got to where it broke down, the wharf opened right up, two feet at least, and took about anywheres from 180 to 200 feet out of the wharf; struck about 180 feet from the corner — the face of the dock on that approach — and she went about two-thirds through the wharf, and then she backed off. * * * Q. When did the wharf fall, if at all? * * * A. In about four or five hours — as soon as the'tide went out. Q. Explain to the jury how the boat came in? A. She came with the bow on,…