De La Rama S.S. Co., Inc. v. United States. The Dona Aurora

CLARK, -Circuit Judge

(dissenting).

When a ship costing $904,360 in October, 1939, is valued at $2,082,000 on its sinking three years later — an increase making the total over 230% of the original, or 225% if the gyroscopic compass is thrown in— and this in a market where by law all enhancement due to the war needs is excluded, the result is sufficiently surprising as to suggest suspicion of error. Examination of the record leads to the conclusion that not one but a series of errors occurred. It turns out as a matter of fact that the valuation was not made by a judge, but by an admiralty…