STURGIS
v.
CLOUGH
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In this maritime collision case, the Supreme Court affirmed a lower court's decree awarding damages to the vessel owner, rejecting the commissioner's report that had allowed the full repair bill and demurrage charges. The Court held that the trial judge properly exercised discretion in reducing the damages to an amount it deemed just between the parties, as some repairs were attributable to the vessel's age and condition rather than solely to the collision, and the owner had failed to present his own business records as evidence of lost profits.
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Mr. Justice GRIER delivered the opinion of the court:
From the manner in which this decree was drawn, it might be inferred that the court had refused to allow anything for demurrage. But on reference to the record, it appears that this sum was allowed by the judge, because he thought that “the result would be about just between the parties on the whole case.” The sum reported by the commissioner has not the effect of a verdict. The court may not concur in his conclusions upon the facts reported, and may modify or wholly reject it. The court did not decide that demurrage was not a proper item to be allowed in the computation of damages, but that the amount of his decree was a just allowance for all damages sustained by libellant. On reviewing the evidence, we are satisfied that the sum allowed in the decree was “just between the parties.” The report of the commissioner, allowing the whole bill for repairs, was not just, because the repairs necessarily made were chargeable not wholly to the collision, but to the age and previous condition of the boat. The charge for demurrage allowed by him was not justified by the evidence, although there was testimony to support it, such as can always be obtained when friendly experts are called to give opinions. Besides, the libellant withheld the best evidence of the profits made by his boat, which would be found in his own books, showing his receipts and expenditures before the collision.
"We believe the decree gave the libellant ample reparation for all damages, as well for demurrage as repairs.
Decree affirmed.
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The Conqueror, 166 U.S. 110 (U.S. 1897)…nd the amount of the earnings, if employed. This [*128] kind of proof is. too speculative and contingent to be the foundation of any rule of damages. It is at best but conjecture.” On appeal, to this court the decree was affirmed, Sturgis v. Clough, 1 Wall. 269, Mr. Justice Grier observing that “ the charge for demurrage allowed by him ” (the commissioner) “ was not justified by the evidence, although, there was testimony to support it, such as can always be obtained when friendly experts are called, to gi…
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The " Potomac.", 105 U.S. 630 (U.S. 1881)…nses in earning it; in no event can more than the net profits be recovered by way of damages; and the burden is upon the libellant to prove .the extent of the damages .actually sustained by him. Williamson v. Barrett, 13 How. 101; Sturgis v. Clough, 1 Wall. 269; The Cayuga, 2 Benedict, 125; 7 Blatchf. 385; 14 Wall. 270; The Gazelle, 2 W. Rob. 279; s. c. 3 Notes of Cases, 75; The Clarence, 3 W. Rob. 283; s. c. 7 Notes of Cases, 579. The report of the commissioner, which was approved in this respect by both…
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THE Tanker Hygrade NO. 24, Inc. v. THE Tug Dynamic, 233 F.2d 444 (2d Cir. 1956)…e of the barge from this source after towing and commissions averaged $198.72 a day. This evidence, assuming, for the moment, it was competent, was undoubtedly of high probative value for the purpose of proving the amount of loss. Sturgis v. Clough, 1 Wall. 269, 17 L.Ed. 580. There was also testimony by Keegan, not mentioned in the District Court’s opinion, that vessels similar to Hygrade No. 24 were in short supply during the summer of 1948 and that his company chartered them for a per diem rate of $200,…
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