The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 10
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250 FEDERAL REPORTER
the cost of repairs, and demurrage during the time reasonably required
for making the repairs, based on the rental value of the dredge, held
properly admitted, and sufficient to sustain the award made.
5. CorLLISION c3=130-DAMAGES--INTEREST.
While the allowance of interest on the award in collision cases, where
the libelant is without fault, is discretionary, the general practice is, in
cases where the amount of damages is uncertain and is matter for proof,
to allow interest only from the date of liquidation by decree; and this
rule is especially applicable where repairs were unnecessarily delayed by
libelant, and where the repairs put the vessel in better condition than
Appeals from the District Court of the United States for the East-
ern District of Texas; Gordon Russell, Judge.
Suit in admiralty for collision by the Bowers Southern Dredging
Company against the barge Pittsburg, the Sun Company, claimant, and
the tugs Mary B. Curtis and Ellis, the D. W. Ryan Towboat Company,
Incorporated, claimant. Decree for libelant against both claimants, and
they appeal. Modified and affirmed.
John Charles Harris, of Houston, Tex., for appellant Ryan Tow-
T. L. Foster, of Beaumont, Tex., E. E. Townes, of Houston, Tex.,
and Jas. B. Stubbs, of Galveston, Tex., for appellant Sun Co.
John D. Grace, of New Orleans, La., F. D. Minor and F. D. Minor,
Jr., both of Beaumont, Tex., and John Neethe, of Galveston, Tex., for
Before WALKER and BATTS, Circuit Judges, and GRUBB, Dis-
GRUBB, District Judge. This case comprises two separate appeals
from a decree in admiralty rendered by the District Court for the
Eastern District of Texas in favor of the appellee, the Bowers South-
ern Dredging Company, in each appeal, and against the respective ap-
pellant, and its coappellee. The appellees, against whom the decree
was rendered, severed and separately appealed, joining their respec-
tive corespondents as appellees. The cause of action arose out of a
collision in the Sabine-Neches Canal between a dredge of the Bowers
Southern Dredging Company and a tow and its two tugboats. The
tugboats belonging to the D. W. Ryan Towboat Company, and the
barge, which was being towed, to the Sun Company.
 There was submitted, with the submission on the merits, a mo-
tion to dismiss each appeal. The motion was predicated upon the fail-
ure of the appellant to make the Lion Bonding & Surety Company an
appellee, or to obtain as to it, in each appeal, a summon and severance.
No notice of appeal was served on the Lion Bonding & Surety Compa-
ny in either appeal. The Lion Bonding & Surety Company executed
with the respective appellants a stipulation for the release of the tug-
boats and the barge which had been seized by the libelant, and the de-
cree appealed from was rendered against the two appellants, as princi-
pals, and the Lion Bonding & Surety Company, as the surety for each
of the principal respondents. The first question presented by the mo-
=For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/25/: accessed December 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.