Page:Federal Reporter, 1st Series, Volume 2.djvu/268

 THE JOSEPH NIXON V. TEE GEOBOB LTSLE. 261 �does not convict them of any error of judgment. Moreover, the short detention at "The Clusters" did not cause any mate- rial delay in repairing the broken wheel. It was found neces- sary to send to Pittsburgh for materials and a ship carpenter to make the necessary repairs, and the repairs were not com- pleted until the end of three or four days, although ail reason- able diligence was exercised. In the meantime the water had fallen so much that when the repairs were complet^ d the boat could not resume her voyage, but was compelled to remain at New Cumberland until the next rise. By reason of the low stage of water the boat was not able to leave New Cumberland, with her tow, until November 23, 1877, when ahe resumed her voyage and completed it. �The libellant claims damages to the amount of $1,298.07. The claim is of a threefold nature, and embraces — (1) The Bum of $198.80, being the cost of the repairs and necessary incidental expenses ; (2) the aum of $486.98, being a loss on certain coal; (3) the sumof $612.49, being the loss of profita upon the trip or voyage. �First. The libellant is clearly entitled to recover the costs of the repairs and the necessary incidental expenses con- nected therewith ; and these I find to amount to the sum of $198.80, the items thereof being specified in the bill of par- ticulars annexed to the libel. �Second. The second item of the libellant's claim grows out of the foUowing facts. The libellant was the owner of 64,906 bushels of the coal in the tow of the Joseph Nixon. This coal he had sold deliverable on that rise to certain parties at Cin cinnati. The contract price was 8 cents per bushel for part of the coal, and 7| cents for the rest. In consequence of the collision, and the interruption of the voyage which ensued, the coal did not reach Cincinnati in time to be delivered to the purchasers according to the terms of the contract, and they supplied themselves with other coal, When the libellant's coal reached Cincinnati he was compelled to sell it, and did sell it, at the then market price, and thereby sustained an average loss of three-fourths of a cent per bushel, the difference between the ����