Page:Federal Reporter, 1st Series, Volume 5.djvu/834

 ^22 fedebaIj seporter. �The Hopb and Fseddib L. Porter.* �{District Court, D. Maine. December, 1880.) �1. Collision — Damages— Une ahned Fbeight. �A vessel, chartered for a flxed term of time, ivas totally lost by col- lision, wliJle in the performance of her employaient, and before the contract had expired. Held, that the owners were entitled to recover, as damages, the net profits which tbey wonld bave realized under the agreementj for the whole period, if the vessôl had not been lost'. — [Ed. �Fox, D.; J. The Freddie L. Porter baving been beld aocount- able for the loss of the Hope, the case is now presented on exceptions to the report of tb© assessor in the matter of dam- ages. �The report finds that "at the time of her loss the Hope was employed in carrying stone for the season, by a yerbal con- tract, and that at the close of the season ber owners would have received $450 for tbeir proportion of the net earnings frpin the date of the loss.", The value of": the Hope is fixed at $950, and these two sums, amounting to $1,400, are al- lowed by the assessor as damages sustained by her owners from the collision, witb interest from such date as the court may deem equitable. �Tbe assessor bas also filed witb bis report tbetestimony, as talcen from bis minutes, whicb he admits are not full and complete. As reported, the evidence does not warrant the finding of the assessor "tbat the Hope was hired for the sea- son," and the parties bave.agïe^ tbat, instead of recommit- ting the report, the witness. sbôuld be recalled and examined before me upon tbis point, j It: is sufficient to remark that bis testimony, now given, fuUy sustains tbis finding "tbat the Hope was sailing, at the time of the loss, under a legal con- tract for ber employment during the entire season, the net profits from wbich, to ber owners, would bave amounted to $450." �Exception is made as to the allowanee of $450 for the owners' sbare of her earnings from the date of the loss to the �*See 3 Fbd. Rep. 89. ����