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W.D. New York· 8/22/1905

The North Star

Citations

  • 140 F. 263
  • 1905 U.S. Dist. LEXIS 88

Syllabus

<p>1. Collision — Damages Recoverable — Demurrage.</p> <p>Where it is shown with reasonable certainty that a vessel injured in collision would have obtained a charter and made earnings during the time she was detained for repairs, her owner is entitled to demurrage .based on her probable net earnings, and it is immaterial that he might have substituted another vessel in her place, but did not.</p> <p>[Ed. Note. — For cases in point, see vol. 10, Cent. Dig. Collision, § 290.</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.]</p> <p>*2. Same — Interest.</p> <p>The allowance of interest on the sum awarded as damages for collision is discretionary with the court.</p> <p>[Ed. Note. — For cases in point, see vol. 10, Cent. Dig. Collision, § 284.]</p>

Judges: Hazel

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