Page:Federal Reporter, 1st Series, Volume 3.djvu/588

 GTJIBEBT 1!. BEITI8H flfilP GEORGE BELL. > 581 �Gtjibebt & SoNg ». The British.Bhip Geoegb BsLiii j. {District Court, D. earyland. July 6, 1880.) �1< Ooi-I/ISion-^Damàges— PRENCHFisHiNa-BRis.i—The measure of diini- ages f or the loss, by collision, of a Prench flshipg brig, is lier regular building and market priee in France, with interest from tUe date of the collision. �2. Sajie — Sahe— CosT of OtfTFix.— One-foiarth of the cost of the outflt of those tUings required for thebusinese of flshing and the provisïoti- ing of the çrew, vhich are consumed every 8ea^on,wiIl beallpwed in damages where such brig had been engagea three-fourths of the sea- son foi- which she was equipped at the time of the collision. �8. Same — Same — CUBTOM Charges. — In such case custom-house charges, etc., majTjiroperly be treated as part of the cost of sending out the vessel for the whole season's flshing, and bne-fourth of them can therefore bç properly allowed in damages under the head of " outflts." �4. Same — Same — Oakgo. — It is now well established that the value of « �cargo lost by collision is lo be ascertained by taking the cost of the cargo at the place of shipment, and adding the cost of Ibading it on board, and the cost of navigating the vessel to the place of coUision. �5. SAsrE— Same— Saïee. — In such case the market priee at the port of des- �tination is not allowed to enter into the estimate of the value, and ail profits or probable beneflts which would have resulted from the ter- mination of a voyage almost coiçpleted, are rigorously excluded �The Amiable Nancy, 3 Wheat. 456. �The lÀvdy, 1 Gull. 314. �Smith V. Coudry, 1 How. 28. �The Vaughn and The Telegraph, 14 Wall. 258, 267. �The Aleppo, 7 Ben. 120, 124. �6. Same — Same— Bame. — Where the cargo cionsisted of flsh taken from the �sea at the place of collision, andit was therefore impracticable to apply literally the rule allowing only the prime cost of the cargo at the place of shipment; and where it "furtherappeared that the ship was a Prench vessel, and that the collision took place near a Prench port, and that such port was a market for such flsh, and could have been reached with- out appreciable expense,— the court fixed the value of the cargo at the market price of such flsh in the said adjacent port. �7. Same — Same — Probable Earnings. — Probable earnings will not be �allowed in a case of total loss by collision, but interest from the date of destruction is given in lieu of the profit which might have been gained by the owner by the subsequent use of bis vessel. �In Admiralty. * �Brown e Brune, for libellants. Brown e Smith, for respond&nts. ����