Ball v. Randerson

Citations

• 111 F. 212
• 1901 U.S. Dist. LEXIS 73

Syllabus

<p>1. Towage—Construction of Contract—Damages for Breach.</p> <p>Libelant agreed to perform towing services in connection with dredging operations at a stipulated price per day. There was no agreement that the tug should work for any particular length of time or while any particular amount of dredging -was being done. Held, that there was no implied agreement that the tug should be always in readiness, or always able to work, which would render her liable for damages resulting to respondent because of her failure to be in attendance at all times.</p> <p>2. Damages—Breach of Towage Contract—Evidence.</p> <p>A claim for damages against a tug, under contract to perform towing services for a dredging fleet, because of her occasional absence or unreadiness, can only be sustained by proof of actual damage resulting. In the absence of such proof, evidence of the earning capacity of the dredging plant per day, when fully employed, affords no basis for charging the tug with damages computed at the same rate for time lost by her.</p>