Page:Federal Reporter, 1st Series, Volume 5.djvu/837

 THE HOPB. 825 �owners obtaîned a ]'udgment in the court of admiralty, and the damages were referred to the registrar and merchants. The registrar, in his reasons annexed to bis report, atated: "The principle which has always govemed our decisions in cases of thia description is to allow the gross freight, less the charges which would have heen, necessarily inourred in car- rying such freight, and which were saved to the owners by the accident. " �The admiralty courts in this country do not recogùize the distinction between cases of total and partial loss in fixing the damages caused by a collision, but in both cases they allow, as part of the damages, the net freight whioh the ship at the time of her loss was in proeess of eaming. In The Rebeeca, 1 B. & H. 356, Judge Betts allowed damages to the full value of the vessel and freight, although she was a total loss. In 2 Ben. 228, which was a case of total loss, Blatchford, G. J., says : "The vessel having been in the act of eaming freight, the freight which she was thus in the act of eaming and was lost by collision is allowed as a just measure of compensation." In support of this, he cites The OazeUe, 2 Wm. Kob. 279, and WiUiamson v. Barrett, 13 How. 101, neither of which were cases of total loss, as the injured vessel was repaired. The learned judge also refers to one of his own decisions, {The Heroine, 1 Ben. 227,) in which he says: "Upon the well-settled principle of aUowing to the injured party as dam- ages, in cases of collision, an indemnity to the estent of the loss sustained, the freight which the injured vessel was in the act of eaming and bas lost, is allowed as a just measure of compensation, but this must be net and not gross freight." In that case the libel claimed for the loss of the vessel, but the report does not show whether she was or not a total loss- �The question here presented was before the supreme court of the United States in The Baltimore, 8 WaU. 386. Judge Clifford there states as the rule: "If the vessel of the libel- lant is totally lost, the rule of damage is the market value of the vessel at the time of her destruction. AUowance for freight is made in such case, reckoning the gross freight, less the ����