Page:Federal Reporter, 1st Series, Volume 10.djvu/407

 MBMPHIS * ST. LOtriS PACKET CO. V. H. 0. YAEGES TBAN8P. 00. 395. �all, the steamer should Iiave avolded the collision if her pilots saw the sloop. �The collision was the resuit of negligence on both crafts ; the dam- ages must be divided. �The elaimant's proctor pretends that the commissioner's report is all wrong, and that he did not have an opportunity to prodnce wil- nesses as to damages. It would seem that $150 a month for non- use of a smack not worth over $1,000, is pretty high; such a smack would soon pay for itself, laying up. �Whereupon the court entered a decree reversing the decrees and orders in the district court, holding that the collision was the fault of both vessels ; that the damages be divided ; and made a reference to a comuubSiouei to examine and report actual damage eufiered. ���Memphis & St. Louis Paokbt Co. v. Thb H. C. Yaegee Transpor- tation Co.* �{Circuit Court, B. D. Missouri. February 10, 1882.) �1. Collision — DrvisioN of Damages. �Where, in case of a collision between two vessels, there is mutual fault, the damages should be equally divided between the owners, i Same— Mbabure op Damages— Repaies — Detention. �The damages to be divided in such cases are those necessarily resulting from the collision. If repairs are necessitated their actual cost should be taken into account. If the injured vessel is bound on a voyage and is detained by reason of the collision, the loss from detention also constitutes part of the damages. �In Admiralty. Appeal. ' �Noble e Orrick, for libellants. �Henderson de Shields, for respondent. �McCkary, C. J. This is a case of collision. The court has hereto- fore affirmed the finding below that there was mutual fault, and that the damages should, therefore, be equally divided between the owners of the two colliding vessels. At the request of counsel a reargument has been had upon the question, whether in such a case demurrage, or charges for loss of the use of the injured vessel while undergoing repairs, should be allowed as part of the damages to be divided. �*Reported by B. F. Rex, Esq., of the St. Louis bar. ��� �