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NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK

No. 91.

23 F.2d 486 (1928)

NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and William J. Leonard, of New York City, of counsel), for appellant.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

The Golden Age was damaged by colliding with the city's bridge at Newtown creek on November 25, 1924. Liability was imposed upon the appellant. In measuring and allowing damages, 12 days' demurrage is allowed — the necessary time for repairs. Proof of such damage for detention rested upon the testimony of appellee's bookkeeper, and in substance showed the earnings, expenses, and average profit per day over a period including the time the tug was...

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