ADMIRALTY- COLLISION- DAMAGES RESULTING FROM DISABILITY OF INJURED VESSELS

Authors

Abstract

The dredge Raritan collided with the petitioner's steam tug Integrity. It was found that both vessels were at fault, and it was ordered that the damages to each vessel should be equally apportioned between the owners. The trial court allowed petitioner the market hire of its tug for the time it was disabled while being repaired. The Circuit Court of Appeals excluded this item. The petitioner did not use its vessels for hire generally. Nor was it shown that the vessel would have been let if it could have been chartered. Three tugs were used in the business of towing car-floats for railroads, and they were needed for taking care of the business during the regular working hours of the day. No substitute was hired to take the place of the Integrity, but the remaining two vessels by working overtime took care of all the petitioner's business. There was no proof of loss other than the fact that the vessel was disabled. Held, that petitioner was not entitled to the market hire of the Integrity, for there was no proof that the market hire was its loss. Brooklyn Eastern District Terminal v. United States, (U.S. 1932) 53 Sup. Ct. 103.

Recommended Citation

ADMIRALTY- COLLISION- DAMAGES RESULTING FROM DISABILITY OF INJURED VESSELS, 31 Mich. L. Rev. 977 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss7/8