Page:Federal Reporter, 1st Series, Volume 5.djvu/835

 THE HOPE. 823 �close of the season, unàer the contraot for her employaient during that time. In cases of a partial loss of the vessel by ■collision, the authorities, both in England and this country, at the present day, agree in allowing as damages against the wrong-doer the profits which would have accrued frona a ben- eficiai charter. One of the latest is The Gonsett, 6 Probate Div. 229, decided in June last by Sir Eobert Phillimore. She was in ballast, on a voyage from Antwerp to Montreal, to load a cargo of grain. The collision occurred the tenth of Oetober, and she was compelled Ho put into Queenstown for repairs. The charter was a, profitable one, and the owners of the ship did not abandon it until it became apparent the ship could not be repaired in season to resume her voyage and perform her charter. The court decided that the aban- donment of the chartei? was justifiable, and that the profit of the charter being tbereby lost was damage for, which the appellants were Uable. At the time of the collision the ship was not earning any freightj but she was bound, in ballast, to a port where she was to ireceive a cargo on board and transport the same to Europe, and by so doing would have made a profitable voyage. There was the contingency in the first place of her ever reaching Montreal ; and, secondly, of her <3harterers being ready to furnish her with a cargo in accord- ance with their agreement ; and, lastly, whether she would accomplish the homeward voyage and eam her freight ; but the court of admiralty held that, notwithstanding auch con- tingencies, the loss of the profit Sfrom the charter, by reason of the collision, was so direct .apid -certain that the guilty party was chargeable for the loss thus sustained from his negli- gence. , > �Where the vessel was sunk, and became a total loss» this principle has not always received the approval of the Engli^h admiralty court. In 1849, in 3 W. Kob. 164, {The Colambua,) Dr. Luehiiigton said : "Suppose, for instanue, that this ves- sel had beeu au .East Indiaman, bound on her outward voy- «-ge to. the East Iùdie8,'with a valuable cargo on board, for •the trausportiition of whichi'not'Only would the owners bp ����