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4 € % By a F i MARITIME LA COLLISION—DAMAGE--LO8S OF CHARTER— NEW ONE AT LOWER RATE—DIFFERENCE— RE-ADJUSTMENT OF COMPASS—RATING AT LLOYD’S—MASTER'S PROTEST. Evans vy. steamship Belgenland, U. S. District Court, Southern District of New York. 1, Ifthe existing charter of a veesel is lost in consequence of collisicn, and a charter at lower rates is necessarily taken for the residue of the charter period, the owner is entitled to compen- sation fur this loss up to the expiration of the term of the original charter. In this case, the steamship H., while under charter and on her way totake on board cargo, was injured by collision and detained 35 days. The length of the charter yoyage would have been 38 days. The charterers cancelled the charter in co se- quence of the delay, and the vessel obtained another charter at a rate three shillings less than the rate of the original charter. Tue Vommis- sioner, in assessing damages, allowed demurrage for 35 days, and a further item of 3 shillings per ton for the difference between the two char- ters. Held, that the vessel coud only be ale lowed the difference between the tro charters for 8 days, being the portion of the original charter period remaining after the expiration of the 35 days for which demurrage had been al- lowed. 2, Thecost of a re-adjustment ofa ship’s compass, rendered necessary by putting new iron plates in her side, is a proper item of colli- sion damage. 3. The expense of anew rating at Lloyd’s is & proper item to be allowed as damage, 4, The expense of a mnster’s protest, made in a foreign port, is a proper item of damage. On Exceptions to Commissioners Report. * Brown, J, Upon the commissioners report assessing the damaging hy collision, the chief excep tion is to the all wance of $1540.97 for the lees of acharter, in «dditi n to $4815.65 al. lowed for 85 duys detenti»n, while the vessel was undergoing repairs. The col ision ec- curred whise the libellants steaner, the Har- tlepool, was on.a voyage frm England to Perth Amboy. N. J. She was then under charter, agreeing after delivery of her cargo at Perth Amboy, to proceed to Port Royal, 8. C., for a. cargo of phosphate rock to be taken to Europe, and to be ready to load at Port Royal by the 5th of June. The repairs made necessary by the eollisiondetained her 35days in New York, and asshe was unable to react Port Royal by June 5th, and as freights had fallen, the charterers cancel’ed the charter, as they had a right to do under its provisions. The capacity of the steamer was about 2110 tons; the charter rate, 15 shillings per ton. The length of the charter voyage, reckoning ” from the time of leaving Perth Amboy, would ‘be 88days. The s’eamer when repaired went te Chisholm Island, near Port Royal for a similar cargo at 12 shillings per t:n, which best that she coulddo, The sum of .65, allowed by the commissioner for 35 days detention is at the rate, of $187.59 per _ day or 6d per ton. The rate of demurrage specified in the original charter. The item of $1540.97 is for the differencelof 3 matings oe. on between the two charters. I cannot sustain the allowance of both sine items. ‘he item for “‘demurrage” represents, or ought to represent, the full value of “the use of the vesse!” for the first thirty-five days at charter rates. If it does so, that is al! that the libellant is entitled to recover for that peried, and the fact that 6 pence per ton was all that the original charter required would if put in evidence as against the owners, be pre- sumptive evidence that that was as much ay least as the ship was worth during any such detention were under the origina! char'er rates, Beyond that, the most that the libellant could claim would be the difference of 8s per ton in the freight for three days more, since that would reach tothe time when the original char er voyage would have ended. The al- lowance of $1540.97 gives in effect the owner the benefit of the original charter rates for 73 days from the time of arrival at Perth Amboy, instead of for 38 days; while the market rates for the last 35 days were 3slower. If the item of demurrage stands, on!y 3-38ths of the second item should thereforebe showed. The rule of damages in collision cases is destitutio ad integrum. The owner is en itled toindem- mty for the loss of the use of his vessel while repairing. The value of this use is to be de- termined according tothe business in which she isengaged. If she is under charter at fixed rates, that is her business for the time being and the charter rates, less the ship’s ex- penses in earning them i. e. her net freight, furnish the rule of indemnity.+ (Per Nel- RR Ihe Marine Recon. the existing conttact, this item of damage is not subject to the ebjection of being in the least uncertain, hypothetical or speculative. The shipowner is as plainly entitled t» such a loss as the cargo owner is entitled to recover for the loss of the market through the delay ofthe ship by negligence or by collision. See the Guilio, 84 Fed. Rep. 911, .nd cases there cited: The J. Nixon, 2 Fed. Rep. 259. Compensation for difference in charter rates was allowed the ship-owner in the cases of the Star of India (1 Prob. Dv. 466 and the Cousett (5 Prob. Div. 229), which are quite like the present. N» adjudications are cited to the Contrary. See Vantim y. the Lake, 2 Ware, Jr, 52. The libellant is, therefore, entitled to compensation for the vilue of the use of the vessel during the 55 days detention com- puted upon the basis of her original charter rates; and also to the difference in her earn- ings for the three following days. When the officers and men are under pay on con- tract, and cannot otherwise be profitably employed. The'amount necessarily paid them during the ship’s detention is also to be added as one of the incidents of the dam- age. The libellant in this case gave no evi- dence to prove his damage by the method of proving the net freight that would have been earned. Noevidence was offered of the expense of running the vessel, and only one witness was Called to testify as to the value of her use. He states that $50 per day would be a fair and reasonable sum. Whether this is based upon the charter ratee then existing, or upon the original charier rates is not stated; but he says it has nothing to do with “profits.’”? This sum is probably intended to include the expense of the ship and crew as she was then quipped. The rate of demurrage reserved in the origanal charter was 61 per ton per day; in the second charter, 8d per toni. e. $137,560 and 181 per day, reepectively. As the evidences of the charter rates, however, was objected to, and is not in this court held competent as against third persons, the J, A Denna t, 3t Fed. R:p. 428,Sthere is strictly no other competent proof before me on this point than the testim ony of Mr. Spence above ieferred to. The two items allowed by the Commissioner, amount to $6356; which (deducting an allowance for the additional three days ) is at the rate of about $170 per day for the 35 days. That the amount allowed, $6356, is too much, is apparent from the fact that the gross freight under the original charter for 2110 tons at 15s per ton, for 88 day’s service, would amount to only $7738, i. e. only $1382 more than the amount of damages allowed. But $1882 1s obviously too little to cover the additional 3 days, which must be deducted and the increased expense of the ship for coal and other charges while on the voyage, over and above the necessary expenses while lying at the dock, If the second charter rate had been 9s instead of 12s per ton, the same mode of computing the libellant’s damages would have made them exceed the entire gross freights for 88 days, allowing nothing for increased ex- penses of the voyage. Upon the evidence, aa it stands, the de- murrage, must be adjusted at the rate of $150 per day for 35 days, that sum, in the sbsence of other evidence, being tsken to represent the actual value of the use of the veesel on the basis of her original charter rates, in- cluding such of the officers and’crew as were attached to herwhbile she was tndergoing repairs; with a further allowance of $121,40 ae 3 88ths of the difference between the rates of the two charters upon her cargo of 2110 tons, for the loss on the remaining three days of the original charter period, amounting in allto $5390, A few minor items were also excepted to, 1. Adjustment of Compass. The testimony shows the liability to a change inthe adjuetment of the compa-s from putting new iron plates upon the ship. In this case 22 new plates were put upon the bows not far from the compass. Reas- onable precaution made the re-adjrstments necessary, and this item of expense should therefore be allowed. The ‘‘overhauling”’ of the compass, so called, was not made necessary by tke collision, aud is, there- fore, disallowed. 2. Ship's Rating at Lloyd's. thereof are necessary in ordinary commer- cial dealings to enable the ship to obtain | exployment at the market rates. The col- lision destroyed the rating she previously | bad, and, therefore, rendered a new rating | necessary after she was repaired. The ex-| pense of this new rating was the d‘rea result of the collision, and should, there- fore, be disallowed. 8. Master’s Protest. The expense Of a protest made in~ the home port as a mere means of collecting the insurance has been held in this court not recoverable; beeause insurance is «a matter of con tract wholly between thr insurer and the insured, and is no part ol the owner’s Interest in the ship. City of Norwich, 118 U. 8. 468. But the master’s protest made io a foreign port truthfully stating the detaiis of any: disaster to this veese}, is important in many ways to all interested, It is required by ancient, and, I think, almost universal usage. Dana, See, Fr. 186; Abb. Ship, *880; 1 Kay Ship, 253; Oleron, 14; Wisburg, 55. The expense is small, and when made in foreign parts, as in this cass, it should be allowed. Tha other exceptions are overruled. Oc’ ober, 4, 1888. Notice to Vessel Owners. ae CUSTOMERS FOR several barges, both steam and tow, and would be pleased to faa from each and every owner having vessels for sale, giving name, capacity, draught of water, light and loaded. If} steam, condition and age of boiler, size of engine, etc. == = HOISTING ENGINES AND SHIP STEERING EN- gines; with elther Frictional, Spur or Worm Gearof various patterns to suit all purposes. direct communication with | WESTERN UNION TELEGRAPH LINES and \Frank Perry’s Tug Office SAULT STE MARIE. Complete towing and wrecking outfit always ready. Goreinan dence splitiet Gutek somoraes se 19H TUG ANDREW J, SMITH J. F. VHITTSMORE. Vessel Agent and Ship Broker’ Bay City, Mich. Shipyard for Sale or Rent, \HE LOOMIS SHIPYARD AT ERIE PA, IS OF fered for sale or rent, including all materials tools and good wi‘. <A first cluss opening for a ship carpenter with moderate capi'ad. Towns to suit pur chaser. If not disposed of asa whole. will sell tools matezials, etc.. in lots to suit. For inyentory, terms, etc., apply at MARINE RECORD office, or to D. L. HUB BARD, Erie, Pa. FOR SALE,, SCOTCH TYP E MARINE boiler. Dimensions 5 ft diameter, 9 ft long, and is allowed to carry 125 Ibs of steam, This boiler is covered, has only been in use for one season, and isin penfect condition Any one requiring a boiler of this description would o weld to correspond with the undersigned 'Stationed at Detour. a It was conceded on the argument that a | “C0 yoni M- BRADLEY, or CAPT, LS, DELAND. proper rating of the ship, and a certificate Bay City, Mich. Office open day and night. POR SALE. TEAMER W. H. BROWNE for sale o Ss tuated towards a larser passenger Beal ‘Caeee over all 68 feet beam, 14 ft, passenger license 36, en. ume 18 Ore boiler 8 sks in shell. Built in hin, r information, xiiiveed pie ©. sere. Pe JACOB FISHER. Care Nielsen’s Bank, Pentwater, Mich. FOR SALE, ASSENGER PROPE!I LER GOLDEN Prion over hauled this peso nae Engine 14X14, 100 pounds steam, ruos 14 miles an hour easily, ‘and earrys “00 peeple. Owner has no reute for her and will sell for what she is worth. JAMES E. ENGLISH East Saginaw. Mich. J. W. GROVER & SON, SHIP CHANDLERS, SAIL MAKERS AND. RIGGERS IMPORTERS AND WHOLESALE DEALERS IN Bire Rope, Manilla, and Garred Gurtuge, Gunes, Blocks, Oxk- um, Gan, Pitgh, Onrs, ne ghors, Ghains, ety. 116 & 119 RIVERST., & 134 & 135 DOCK CLEVELAND, OHIO. M. M. GLEKLER, Cigars AND Toracceo., 156 River-st, Pleveland, Mhio, No one should leave port without a box of M. M. Glekler’s marine cigars. Travelers’ Informa ton Burean, ‘son, J. Williamson v. Barrett, 18 How. 110- “a 112; the Potomac, 105° U. 8. 631; the May. flower, 1 Brown, 880-387.) The mode of as- _Certaining the damages in such cases has long - been applied in this court. Ifthe detention _is Jess than the whole chaiter period, the}: owner recovers, not the whole net freight, but | for the proportionate pericd only. (The Gor: gas, 10 Ben 661). Ifthe existing. charter. is ‘lost'in Consequences of the collision, and a charter at lower rates is necessarily taken for the residue of the charter period, the owner is entitled to compensation for thisJogs up to the expiration of the term of the original charter. He is entitled to this allowance, be- eause he would not otherwise be indemnified for his actual loss; and because there is no legal rule which precludes the recovery of his actual less in snch acase. The loss of the larger rate is the immediate consequence of the collision;»and the rate being .fixed by vf TICKET AGENTS ie 224 Bank St, ‘CLEVELAND, 0 DIXON’S| GRAPHITE PIPE. JOINT: GREASE FOR STEAM OR GAS PIPES makes a perfect joint'that can be opened with ease in ‘three years or thirty years: Bolts, screws, etc., smeared with this grease’ will not rust even in the dam pest places.’ Write to Jos, Dixon’ Crucible Ce Jersey City, No J. for circulars. rs) Thomas McGregor, [we CENTRAL BOILER WORKS. MANU FACRER OF Marine and Stationary BOlIhKRS, —ALL KINDS OF— —AND— SHERT IKON WORK SAMUEL McCUTCHEON, STEAMBOAT & ENGINEERS’ SUPPLIES Gopper, Brass and Pheet Tron Manufactory. IRON PIPE AND FITTINGS. Agent for Davidson’s Steam Pumps, Amazon Boiler Compound, and Orme Patent Safety and Relief Valve. No. 18 Ohio Street, Buffalo, WN. ca River Machine “Co., [Successor to G. R, GALE,] 177 River St., Cleveland, Ohio, Are prepare? to Manufacture and do Gen- eral Repairing on Marine Engines and all other Machine Work. We have also a full live of pulleys and shafting and are prepared to do all kinds of Stone quarry Work, TEARE, WIGHT & CO. SPLEGLE BROS. Uf MARINE SUPPLY STORE WHOLESALE AND RETAIL rocers. Bakers and Ship Supplies; Hresh & Salt Moat of alll Kimd, 30 & 32 River-st., opposite Detroit Steam boat Landing, and 184 Broadway. Telephone 112, ROBERT E. HILLS, 57 & 59 North Wells St., Chicago, Tl. Telephone 3321. STEAM FITTING AND HEATING, Wrought Iron Pipe & Fittings ENGINEER'S SUPPLIES. General Jobbing Work Done . Promptly. Also,'Proprietor of North Side Brass Works ; J. C. GOSS. Sall Maker and Rigger, 20 amd 22 Woodward Ay, , DETROIT - - MICH) LARGE STORAGE ACCOMMODATION FOR VESSEL OUI FITS, Covering Bollers and Steam Pipes a S,eclalty / OICIRRATL. Smelters and Refiners of old precious metals, auriferous and argent copper ores, cryolite, concentrates, jeweler’s sweepings, dross, use ‘paint drippings, &c., &e. Chemically pure sae by mail $2 per ounce, ge or ats Rendering Kettles, Tanks, | per pouna, Catalogue of aera smelting and precious metal ‘saving L condensing process) sent free. Assaying and analytical work in all its branches. Correspondence solicited, Works in 1885. OHIO. 1 Newport, Kentucky, in a A am x St NENG Steel, Iron, Composite and Wooden IRON SHIP BUILDING WORKS AT WYANDOTT OWNER OF TUGS ‘Winslow,’ ‘Leviathan,’ 'M. Swain,’ ‘Champion,’ John Owen’ ‘Wm. A. Moore,’ and ‘Oswe Also, Steam Barge MARY PRINGLE, wi “Steam Hoister and yer Orrice Open Day AND Nicur. SATISFACTION GUARAN BRANCH OFFICES at PORTH UBOE & CHEBO LEVIATHAN, CAPT. M. SWAIN, STATIONED | A : pls ee ibe pe Tugs for Wrecking, Rak Fowing STEAM PUMPS, ROTARY AND. WORTHING’ "ON Improved Horizontal Straight Base Hydraulic Jacks. Sub-marine Divers, Hawsers, Light WAREHOUSE AND OFFICE ON DOCK, FOOT OF FIRST 8 ee abst