The Cayuga
District Court, E.D. New York
In admiralty. This was a libel for collision filed by the Hoboken Land and Improvement Company, owners of the ferry-boat [James Watt], to recover damages for a collision between her and the Cayuga. The court held the Cayuga in fault. [See Case No. 2,536.] On the reference to ascertain the damages, it appeared that the libellants themselves repaired the boat. Exceptions were taken to the report of the commissioner.
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In admiralty. This was a libel for collision filed by the Hoboken Land and Improvement Company, owners of the ferry-boat [James Watt], to recover damages for a collision between her and the Cayuga. The court held the Cayuga in fault. [See Case No. 2,536.] On the reference to ascertain the damages, it appeared that the libellants themselves repaired the boat. Exceptions were taken to the report of the commissioner. The questions raised on the exceptions sufficiently appeal1 in the opinion.
1Opinion of the Court
BENEDICT, District Judge.
This case comes before me upon exceptions to the commissioner's report of the damages caused by the collision in the pleadings mentioned. The main exception is to the allowance by the commissioner of demurrage at the rate of seventy-five dollars per day for the time the injured vessel was undergoing repairs. This exception is based upon the ground, that there is no evidence that the vessel could have been chartered for that or any sum per day, at the time in question. The evidence showed that the vessel was a ferry-boat, at the time of the injury engaged in making the…
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