Commercial Pacific Cable Co. v. The Steamship Manchuria

Citations

• 3 D. Haw. 147

Syllabus

<p>Amendment of answer: Respondent in its answer, set up certain alleged facts in mitigation of damages, to which the libelant excepted and the court allowed the exception, intimating that such facts might have been pleaded in bar of the claim to salvage. Respondent thereupon moved to amend by setting up the same facts in bar of the suit for salvage. Held, that such motion be allowed, there being no question of gross and inexcusable negligence, and the allowance thereof tending to a just disposition of the case and involving no hardship or injustice to the libelant.</p>