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: 70
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250 FEDERAL REPORTER
and the missing of the Christmas holidays trade were what is known as
special damages, which arise from circumstances peculiar to the par-
ticular case, and which are not recoverable, unless those circumstances
were communicated to or known by the party sought to be charged at
the time the contract was made. 8 Ruling Case Law, 459-461; 10
Corpus Juris, 324. It was not proved or admitted that the appellant
was apprized of such circumstances, either when the contract of hiring
was made, or prior to the breaking of the rudder post at Omoa, or
indeed at any time before the loss was sustained. The damages result-
ing by reason of the existence of such special circumstances, of which
the party sought to be charged was not made aware, are disallowed,
not because they are merely consequential or remote, but because they
cannot fairly be considered as having been within the contemplation of
the parties at the time of entering into the contract. Griffin v. Colver,
16 N. Y. 489, 69 Am. Dec. 718.
 The answer to the cross-libel put in issue the claims it asserted.
The stipulation entered into, so far as it touched the matter of damag-
es claimed in the cross-libel, was no more than an admission that, "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 a clause of the
stipulation which stated the value of the service rendered by the appel-
lee's employes in repairing the injury caused by the mishap. Evident-
ly, $4,054.14 of the admitted damage was the difference stated in the
cross-libel between what the cargo sold for and what would have been
received for it, if the advance orders which had been given had not
been canceled because of the delay in the vessel's arrival at New Or-
leans. But it was not admitted or proved that the appellant was an-
swerable for those damages, or that the appellee sustained them under
such circumstances as to be entitled to charge the appellant with lia-
bility for them. This item of damage was admitted, but a state of
facts under which the appellant would be liable for it was neither ad-
mitted nor otherwise shown.
 The conclusion is that the decree rendered on the cross-libel was
erroneous, in so far as the principal sum adjudged in favor of the ap-
pellee exceeded $50. The charter party made it the duty of the owner
to maintain the vessel "in a thoroughly efficient state in hull and ma-
chinery for and during the services." This made the expense of re-
pairs necessitated by the mishap at Omoa one to be borne by the owner.
In making those repairs, the charterer (the appellee) contributed serv-
ices, the value of which was agreed to be $50. That amount was prop-
erly adjudged in its favor.
The decree rendered on the cross-libel is modified, by making the
principal sum adjudged in favor of the appellee against the appellant
$50, instead of $4,104.14, and, as so modified, it is affirmed, with costs
against the appellee.
Modified and affirmed.
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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/m1/85/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.