Pan-American Petroleum & Transport Co. v. United States

(after stating the faets as above). We held in Clyde S. S. Co. v. N. Y., 20 F.(2d) 381, that, when the owner waits to make collision repairs until the yearly overhaul, no .detention damage may be allowed. This is because, as the overhaul is necessary in any event, so much of the ship’s time is bound to be. lost, regardless of the collision. If so, the owner has lost no profits, for he could have earned nothing during the lay-up. What we added in that case, as to the rule when owner’s repairs are made at the same time as collision repairs, presupposed that the last were immediately necessary.…