The Pennsylvania
District Court, E.D. New York
[This was a libel by the owners of the bark Mary A. Troop against the Pennsylvania, to recover the value of the bark, which was sunk in a collision between the two vessels. A decree was rendered condemning the Pennsylvania, with a reference to a master to ascertain the value of the bark. Case No. 10,-947. The cause is now heard on exceptions to the master’s report.]
1Opinion of the Court
BENEDICT, District Judge.
The libellants are entitled to recover the value of the vessel at the time and place of her loss.
When a vessel is lost at sea, proof of that value may in ordinary cases be made by evidence of her value at her last port of departure, or at the place of her destination. In this ease there is no evidence of her value at the last port of her departure. Some witnesses give her value at the residence of her owners, but I consider the evidence of her value at New York, which was the place of destination of the vessel, and a port where the market price is fixed for most other…
2Cited by1 opinion
- The UtopiaDistrict Court, S.D. New York · 1883