The Itasca

Citations

• 117 F. 885
• 1901 U.S. Dist. LEXIS 10

Syllabus

<p>1. Collision—Anchored Dredge and Passing- Steamer—Improper Anchorage.</p> <p>A dredge anchored at night in a navigable channel of a river was sunk in collision with a passing steamer. Owing to her light draught, the dredge might readily and with little inconvenience have anchored further inshore in a place of safety, and she therefore violated the statute (30 Stat. c. 425) in taking the more exposed position. On the other hand, her lights were burning, and were seen by the steamer, the night was calm and bright, and there was ample room for the steamer to have passed at a safe distance. Held, that both vessels were in fault, and the damages should be divided.</p> <p>2. Same—Damages Recoverable.</p> <p>The libelant in a suit for collision is not entitled to the allowance of an item of damages which was not claimed in the pleadings, nor while the testimony was being taken.</p> <p>8. Same.</p> <p>The owner of a dredge injured in a collision is not entitled to recover as damages the salary paid his general superintendent in charge of his dredging work during the time the dredge was being repaired, where it appears that he attended to his regular duties in addition to overseeing the repairs.</p> <p>4. Same.</p> <p>Evidence considered relating to the damages recoverable for injury to a dredge in collision, including cost of repairs, loss of time, etc.</p> <p>5. Same—Interest.</p> <p>In a suit for collision, where both vessels are found in fault, and the damages divided, interest is not recoverable except from the date of final decree.</p> <p>6. Commissioners in Admiralty—Findings oe Fact.</p> <p>Findings of fact by a commissioner in admiralty should be made, if practicable, in distinct paragraphs, numbered successively. Exceptions of the parties and briefs of proctors should refer by number to such paragraphs. Precedents: Form 195, p. 331, 4 Desty, Fed. Proc.; form 490, p. 627, Id.</p>