King v. Long Island R.

GALSTON, District Judge.

To the supplemental report of the Commissioner, the respondent files three exceptions.

*724In. the matter of detention damage, the Special Commissioner concluded that because the Silver Bang had been under charter prior to the damage sustained and was put under charter immediately upon the completion of the repairs, there was actual work obtainable for the barge during the detention period. I think that is a non sequitur and, therefore, cannot agree with the .Commissioner’s reasoning. However, a reading of the record shows that the libelant had a fleet of nine boats,…