Page:Federal Reporter, 1st Series, Volume 5.djvu/836

 824 PEDEEAL EBPORTEE. �entitled to a large amount of freight, but the master might be entitled to considerable contingent profits from the allow- ances made to him upon such a voyage. Could this court take upon itself to decide upon the amount of these contingencies, and to decree the payment Of the same, in addition to the pay- ment of the f ull value of the ship ? I am clearly of the opinion that it could not. The true rule of law in such a case would, I conceive, be this, namely : to calculate the value of the prop- erty destroyed at the time of the loss, and to pay it to the owners as a fuU indemnite to them for ail that may have happened, without entering for a moment into any other con- sideration. If the principle to the contrary, contended for by the owners of the smaok in this case, were once admitted, I see no limit, in its application, to the difficulties which would be enforced upon the court. It would extend to almost end- less ramifications, and in every case I might be called upon to determine, not only the value of the ship, but the profits to be derived on the voyage in which she might be engaged, and, indeed, even to those of the return voyage, which might be said to have been defeated by the collision." In this case the court only allowed the value of the ship, and denied the claim of the master for the wàges or average profits he would have earned from time of collision, 1 Parsons on Ship. & Adm. 540, 541, note. Notwithstanding this positive lan- guage of one of the most learned among the judges of the high court of admiralty, it is found that, in some instances, that court has not conformed to these views. �In the Betsey Carnes, 2 Hagg. 28, a smack was run down through negligence, while engaged in rendering salvage serv- ice to another vessel, and Lord Stowell allowed, in addition to the value of the smack, damages for the loss of the ex- pected salvage reward. See, also, The Yorkshireman, 2 Hagg. 30, note. �In 1860, The Canada, Lushington, 584, was decided. That vessel was carrying cargo from Cadiz to St. Johns, under a charter to carry timber from Quebec to England. She was totally lost by a collision on the voyage to St. Johns. The ����