Page:Federal Reporter, 1st Series, Volume 4.djvu/352

 ,888 S'SDBBAIi BEFOBTEB. �MbeL by the inaster of the bark Rebecoa against the Bteam-tug Ameriea, for damages caused by collision with an- otljt^r bark while both vessels were being towed to sea by the tug. The facts in regard to the collision are fuUy set forth in the opinion of the court. The district court decided in favor of libellant, (see report of case, 36 Legal Intel. 279,) and referred the case to a commissioner (Wayne MacVeagh, Esq.,) to ascertain the amount of the damage. Before the commis- sioner the master testified as to the aggregate cost of the repairs. The agent of the owners then testified that he paid the varions bills for repairs, making up that aggregate, which bnis, approved by the master and properly receipted, he pro- duced. He admitted, however, that he had no personal knowledge that the repairs had been made. The persons who did the work were not called. The respondent declined to take any testimony on this subject imtil the libellant had offered better evidence, and asked the commissioner to report that the evidence offered was insufBcient. The commissioner reported that the evidence was prima fade sufficient, (citing Coote on adm. Pr. 96,) and allowed the amount claimed. �With regard to the damages caused by the vessel's deten- tion, it a^peared that the rate of demurrage fixed by her charter-party was ^15. It was proved that this was the rate adopted in charter-parties used by the maritime exchange of Philadelphia. The commissioner (citing Coote on Adm. Pr. 87) held that this was prima fade evidence of the loss, and, there being no evidence to show that it was unreasona- ble, adopted it as the measure of damages. The district court confirmed the report of the commissioner, and entered a decree for libellant in accordance therewith. See report of case in 8 Weekly Notes, 328. Eespondent took this appeal. �J. Warren Coulston, for appellant. �Henry G. Wa/rd and Henry Flanders, for appellee. �MoKennan, C. J. The master of the steam-tug America contracted with the master of the bark Kebecea to tow her to Bombay Hook, or to sea, from the port of Philadelphia, with the understanding that an additional smaller veesel might be taken in the tow. ����