The Frammas Warsaktiebolag v. The Jas. A. Dumont
District Court, S.D. New York
In Admiralty. On exceptions to commissioner’s report. As the bark Maria Margaretta was lying at anchor ready for sea, she was injured in collision by the respondent’s vessel. She had been chartered for a voyage from New York to Callao, and in consequence of the collision was obliged to put back to New York, and report for repairs. The damages have been assessed by the commissioner at $1,451.30, besides interest, including demurrage for 14 days, at the rate of $40 per day.
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In Admiralty. On exceptions to commissioner’s report. As the bark Maria Margaretta was lying at anchor ready for sea, she was injured in collision by the respondent’s vessel. She had been chartered for a voyage from New York to Callao, and in consequence of the collision was obliged to put back to New York, and report for repairs. The damages have been assessed by the commissioner at $1,451.30, besides interest, including demurrage for 14 days, at the rate of $40 per day. The charter provided for demurrage at the rate of 4d. per ton per day, amounting to $59.70 per day. The claimants, to…
1Opinion of the CourtBrowN, J.
The charge for wharfage, as an expense made necessary by the collision, should have been allowed. When the charter rate of de-murrage is adopted, and that rate is shown to include the charge for wharfage, it is, of course, disallowed as an additional item. The C. P. Raymond, 28 Fed. Rep. 765. As the charter rate of demurrage was not in this case adopted by the commissioner, the wharfage should have been allowed; and it was undoubtedly omitted only by accident. The stipulations of a charter as to the rate of demurrage is not, I think, competent legal evidence in favor of the owner, in an…
2Cases cited2 opinions
- Williamson v. BarrettSupreme Court of the United States · 1852
- The HermannU.S. Circuit Court for the District of Southern New York · 1860
3Cited by2 opinions
- The ColumbiaCourt of Appeals for the Ninth Circuit · 1901
- Harrison v. HughesDistrict Court, D. Delaware · 1903