The Southwark

DALLAS, Circuit Judge.

The appellanis suppose that the learned judge of the district court misconceived the ground upon which they rested their right of recovery. They have extracted a single sentence from his opinion, which, it is said, shows that he assumed that their case was based upon the facts that the rotting of the meat (for which. the libel prayed an award of damages) “was due to the breakdowns of *881tbe machinery, and that the breakdowns were caused by negligence”; whereas their actual contention was and is: “First. That an improperly high temperature existed in the commercial box…