The Rhode Island
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] A libel in rem was filed in the district court against the steamboat Rhode Island, to recover for damage done to a propeller by a collision.
Read the full summary
[Appeal from the district court of the United States for the Southern district of New York.] A libel in rem was filed in the district court against the steamboat Rhode Island, to recover for damage done to a propeller by a collision. The court decreed in favor of the libellant, and ordered a reference to a commissioner to ascertain the damages. [Case No. 11,745.] The commissioner included in the award of compensation the sum of twenty dollars a day for each day after the collision, until the damaged vessel was repaired and fitted to resume her place in the line in which she was running', as…
1Opinion of the Court
NELSON, Circuit Justice.
The principal question in this case is, whether a libellant is entitled to damages, in a case of collision, for the delay and loss of trips while his vessel is undergoing the necessary repairs. I do not understand the direction given to the commissioner by the court below, as intended to be laid down as a general rule to govern all cases of the kind, but as an approximation *646to an indemnity in'tlie particular case, under its peculiar circumstances. It was an allowance for a supposed or apparent loss, incident to the damage done by the collision, in regard to which no…
2Cases cited1 opinion
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by3 opinions
- New Haven Steam-Boat Co. v. MayorDistrict Court, S.D. New York · 1888
- Paul v. . PaulSupreme Court of North Carolina · 1930
- Sewall v. La ChampagneDistrict Court, S.D. New York · 1892