Page:Federal Reporter, 1st Series, Volume 10.djvu/408

896 FEDERAL REP014TEB. �Appellant's counsel insists that, both parties being in fault, the only damages to be apportioned are the actual injury to the vessels; or, iu other words, the actual cost of repairs. But no case is cited in which it bas been so decided, and I think a fair construction of the rule as laid down by the supreme court requires that we give to the word "damages" its ordinary meaning. The leading case in this country upon the subject is that of the Scliooner Catharine v. Dickinson, 17 How. 170, in which the rule is thus stated: "We think the rule dividing the loss the most just and equitable, and ais beat tending to induce care and vigilance on both sides in navigation." In subse- quent cases arising in that court this rule is followed, and subse- quently the same language used to express it. It is sometimes said that the damage done to both ships is to be added together and the sum thereof equally divided. But this language is never used in such connection as to lead to the inference that nothing but the actual cost of repairs is to be taken into aecount. By the word "loss" or "damages" I understand the supreme court to mean the injury di- rectly and necessarily resulting from the collision. If a vessel be bound upon a voyage, and is, by reason of a collision, detained, the loss from detention is a part of the damages resulting from the col- lision; and if she is disabled by such collision, so that repairs are neeessary, the actual cost of such repairs is likewise part of the damages. And in either case such loss or damage is to be paid by the party solely in fault, if the fault be all on one side, or to be di- vided if the fault be mutual. In both cases the rule as to what is "loss" or "damages" is the same. It is the injury necessarily result- ing from the collision. This is the view taken of the rule by Lowell, J., in the case of The Mary Patten, 2 Low. 196. The motion for re- hearing is overruled, and theorder affirming the decree of the district court is adhered to. ��� �