10 F. Cas. 822 | S.D.N.Y. | 1879
The libellant having had a decree for his damages [Case No. 5,622], the commissioner has reported the same as amounting to $243.34. This includes the sum of $53.80, the estimated net freight the libellant’s canal-boat would have earned in the voyage from Port Johnson to Middletown, Conn., upon which she was prevented from entering by the collision. She was injured on her passage to Port Johnson, there to take on her cargo of coal, which she had agreed to carry at a stipulated price. She was detained for repairs five days and at' the end of five days was again employed by the libellant in her usual occupation, whether profitably or not does not appear. The proof is, that the projected voyage would have required fifteen days.
Under the particular circumstances of this case, I think this allowance of the full net freight was excessive. What the libellant is entitled to is indemnity for the loss of the use of his boat for five days. This evidence shows that the use of the .boat for fifteen days was worth $53.80, and no further evidence was offered on either side as to the value of such use of the boat. In some cases of total loss the net freight for the voyage entered upon has been allowed. This is, perhaps, an established exception to the doctrine that speculative or contingent profits are not allowed as damages. The Heroine [Case No. 6,416]; The Galatea [Id. 5.185]. The rule in case of detention is to allow what the vessel would earn for the owner on hire during the period of detention. Williamson v. Barrett, 13 How. [54 U. S.] 111. If she has been chartered for a voyage, the