Page:Federal Reporter, 1st Series, Volume 3.djvu/592

 GUIBEBT V. BBITISH SHIP GEOSGE BELL. 585 �Lively, 1 Gull. 314, (315;) Smith y. Coudrij, 1 How. 28; The Vaughan and The Telegraph, 14 Wall. 258, 267; The Aleppo, î Ben. 120, 124. �The difficulty in the present case arises from the fact that the fish, which constituted the cargo of the Briha, had been taken from the sea at the place of collision, and had no prime cost, and there was no market for them at the place of col- lision; yet they had a very considerable value, ànd repre- sented a large expenditure of capital, time, labor, and risk of life and property. �This difficulty of applying the general rule confining the damage to prime cost at the place of shipment, and excluding ail conjectural profits, has been met with in other cases which have come before our admiralty courts. �In several cases in admiralty, arising out of the tortious conversion of captured whales in the Arctic seas, there being no market near those regions for whales, or their products, the court has been obliged, in order to do justice, to ascertain the value in some market ; and as New Bedf ord, although at a great distance, was the controlling market of the country, and was also the home port of the vessel, the market priee at New Bedford at the time when the vessel suiïering the loss could reasonably have reached there, less the expense of carrying the product there, was of necessity adoptad by the court as the measure of damage. Bourne v. Ashley, 1 Low. 27; Bartlett V. Budd, Id. 223; Faher v. Jenny, 1 Sprague, 315. �The same rule was also of necessity adopted in the case df a collision between two whaling vessels in the Arctic seas. Swift V. Brownell, 1 Holmes, 467. The case of Dyer v. The Nat. Steam Nav. Co. 14 Blatehf. 483, was a case in which a vessel loaded with guano, belonging to the republic of Peru, was lost by collision, having nearly reached New York, her port of destination. It was shown that ail the guano in the Chincha islands was the property of the Peruvian govern- ment, which prohibited its exportation by any other than itself. So that, as it was never bought or sold at the place of shipment as an article of commerce, and cost the govern- ment nothing but the labor of digging and loading it on the ����