Newtown Creek Towing Co. v. City of New York

The Golden Age was damaged by colliding with the city’s bridge at Newtown creek on November 25, 1924. Liability was imposed upon the appellant. In measuring and allowing damages, 12 days’ demurrage is allowed — the necessary time for repairs. Proof of such damage for detention rested upon the testimony of appellee’s bookkeeper, and in substance showed the earnings, expenses, and average profit per day over a period including' the time the tug was being repaired — November 27 to December 10, 1924. It appears that the appellee owned and operated 21 tugs, and had on hand 4 or 5 daily, as spare…