Page:Federal Reporter, 1st Series, Volume 2.djvu/270

 THB JOSEPH NIXON V. THE GEOBOB IiTSLB. 268 �demurrage or compensation for the detention of the Joseph Nixon while she lay at New Cumberland. The evidence tends to show the boat was worth $50 per day after ail proper deductions. I do not, however, think the libellant has shown himself entitled to any demurrage for the seven and one-half days during which the boat lay at New Cumberland await- ing a rise in the river after she was repaired. The stage of water during that time was not sùfficient to float the boat's barges, which drew six and one-half feet. But it does not clearly appear that the boat herself might not have been employed, nor was it shown that she would have been profit- ably employed during those seven and one-half days had she reached Cincinnati without interruption to her voyage. �The allowanee of demurrage, however, during the four days the boat was undergoing repairs is justified, if not impera- tively required, by the decision in The Cayuga, 14 Wall. 270. I have fixed the demurrage at $30 per day. In view of the inexcusable character of the collision, I do not think the respondents can justly complain of the amount so allowed. . �The libellant's damages will, therefore, be assesaed as fol- lows: �Costs of repairs and necessary ineidental expenses - - - - - $198 80 �Loss on coal .... 486 78 �Demurrage ... - - 120 00 ���$805 58 — ^with interest from December 1, 1877. �Let a decree in favor of the libellant be drawn in accord, ance with the foregoing opinion. ����