The Solveig

Counsel’ having become involved in a long discussion of the rules of pleading and practice, a moment’s attention wilkbe given to such rules, in so far as applicable to the present «case.

[1] In the admiralty court, as in a court of equity or of law, a defendant, relying upon a special defense, must plead the same before he will be permitted, over objection, to make any proofs in support of it. This is as true of exceptions in a bill of lading as of any other special defense. A carrier, sued for damage to goods intrusted to him for transportation, and who relies upon the fact that he is exempted by the provisions of the bill of lading from liability for such damage, must set up in his answer such of the provisions as he relies upon, together with an averment that the damage complained of was the result of some specified cause or causes falling within the exemptions contained therein. If he fail to do this, he will not be permitted upon the trial to introduce any evidence in support of such defense, if such evidence be objected to. If, upon such objection, he ask to amend his answer, so as to permit the introduction of such evidence, his application is addressed to the discretion…