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PAN-AMERICAN PETROLEUM & TRANSPORT CO. v. UNITED STATES

No. 306.

27 F.2d 684 (1928)

PAN-AMERICAN PETROLEUM & TRANSPORT CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 9, 1928.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Horace M. Gray, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Burlingham, Veeder, Masten & Fearey, of New York City (C. B. Manley O'Kelley and Chauncey I. Clark, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge (after stating the facts as above).

We held in Clyde S. S. Co. v. N. Y., 20 F.2d 381, that, when the owner waits to make collision repairs until the yearly overhaul, no detention damage may be allowed. This is because, as the overhaul is necessary in any event, so much of the ship's time is bound to be lost, regardless of the collision. If so, the owner has lost no profits, for he could have earned nothing during...

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