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: 68
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250 FEDERAL REPORTER
appellee, the Hubbard-Zemurray Steamship Company, claiming $693.-
40, the balance alleged to be due the appellant from the appellee under
a time charter for the hire of the vessel by the appellee. The appellee
filed an answer and cross-libel, which admitted that the amount claim-
ed in the libel was due, but claimed that the appellee was damaged in
the sum of $4,154.14 as the result of the delay of the vessel, when
loaded with a cargo of bananas and cocoanuts, at Omoa, Honduras,
bound for New Orleans, which delay was attributed to alleged neg-
ligence of the vessel's master and crew, resulting in an injury to the
vessel, which had to be repaired before it could proceed on its voyage.
The averments of the cross-libel showed that the items of damages
it claimed were $100, the alleged value of services rendered by ap-
pellee's employs, which were necessary to enable the vessel to pro-
ceed with her voyage, and $4,054.14, the difference between what the
bananas and cocoanuts were sold for in the New Orleans market and
what the appellee would have received for them if advance orders for
them, which had been given, had not been canceled because of the
delay in their arrival. By its answer to the cross-libel appellant de-
nied that it was indebted to the appellee in the sum claimed in the
cross-libel, or in any sum whatsoever, and set up that under clauses
and exceptions in the charter party, particularly clause No. 3 and clause
No. 19, it was not responsible for damages resulting from the accident
alleged in the cross-libel, even though that accident was caused by the
mistake of the engineer in executing an order from the bridge.
The case was tried on an agreed statement of facts, which disclosed
The ship had completed loading at Omoa a cargo of bananas and cocoanuts
and at 12:30 a. m. of Friday, December 11, 1914, had started to leave that
port for New Orleans, when, shortly after casting off her moorings, her rud-
der post was broken as a result of the engineer's failure properly to comply
with an order signaled to him by the master. This necessitated the making of
repairs, with the result that the ship did not leave Omoa until 11 p. m. Sunday,
December 13, 1914. It arrived at New Orleans at 3 p. m. of December 18th,
whereas it probably would have arrived there at about 3 p. m. of December
15th, if it had not met with the mishap at Omoa. Persons employed by the
charterer assisted in making the required repairs.
"XII. It is agreed that, if any sum is due to respondent and cross-libelant
for work done in repairing the vessel, the value of such work is fifty dol-
lars ($50.00). * * *"
"XIV. While the ship was undergoing repairs at Omoa, from 12:30 p. m. of
December 11, 1914, to 11 p. m. of December 13, 1914, 2 days and 22% hours'
hire of the ship was deducted by respondent and cross-libelant, in accordance
with the charter party.
"XV. Cross-libelant had the entire reach of the ship, and all the fruit ship-
ped on the vessel was the property of the cross-libelant.
"XVI. As a result of the accident to the ship, cross-libelant was damaged
in the sum of $4,104.14, which includes $50 mentioned in article XII hereof."
What has been set out includes all that was before the court bearing
upon the claims to damages asserted by the cross-libel. There was
judgment, under the libel, in favor of the appellant and against the
appellee for $693.40, with 5 per cent. per annum interest from judi-
cial demand until paid, and costs of court, and judgment under the
cross-hbel, in favor of the appellee against the appellant, in the sum
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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/m1/83/: accessed June 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.