Legal Opinion

The Hamilton

District Court, E.D. New York

Decided July 21, 1899PublishedCited by 15 opinions

. In Admiralty. On exceptions to libel to recover damages for collision.,

1Opinion of the Court

THOMAS, District Judge.

The claimant excepts to a libel alleging damages arising from tbe total loss of a ship from a collision, which damages consist of two items, to wit, $125,000, the value of the ship, and about $75,000, the net gain that would have come from fulfilling a charter party upon which the ship had entered. If this rule of damage be correct, libelants at once after the destruction of the ship were entitled to receive $200,000, which sum comprises the value of the ship, and her net earnings under the charter party during the continuance thereof. A charter party is a mere hiring…

2Cases cited5 opinions

  1. The UmbriaSupreme Court of the United States · 1897
  2. The Amiable NancySupreme Court of the United States · 1818
  3. The Freddie L. PorterUnited States Circuit Court · 1881
  4. Fabre v. Cunard Steamship Co.Court of Appeals for the Second Circuit · 1892
  5. The North StarDistrict Court, E.D. Michigan · 1890

3Cited by15 opinions

  1. Alkmeon Naviera, S.A. v. M/V MARINA LCourt of Appeals for the Ninth Circuit · 1980
  2. In the Matter of P & E Boat Rentals, Inc., Cheryl Daphne Fusselman, Etc., Plaintiff-Appellee-Cross-Appellant, and Insurance Company of North America, Intervenor-Appellee v. Ennia General Insurance Company, Incorporated, Defendants-Third Party Defendants-Plaintiffs-Cross-Appellants, and Brigette Stockstill, Etc., Defendant-Third Party Cross-Appellant. Karen Walker Boulas, and Third Party Plaintiffs-Appellees-Cross-Appellants v. David Stoufflet and Prentiss G. Stockstill, and Third Party Defendants-Appellees-Cross-Appellants v. Chevron, Usa, Incorporated, Third Party Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Third Circuit · 1989
  3. Ozanic v. United StatesCourt of Appeals for the Second Circuit · 1948
  4. Sharma v. Skaarup Ship Management Corp.Court of Appeals for the Second Circuit · 1990
  5. Sawyer Brothers, Inc. v. Island Transporter, LLCCourt of Appeals for the First Circuit · 2018

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