, GALLo· t1.
.DiatrUt Oo1Jlrt, 8. D. New YO'/'k. January 8,188'7.
CnARTER,PARTY-CnARTERER TO ENTER VESSEL-LIQUIDATED DAllAGES.
W"l,lere the act for which damages are stipulated or estimated, by the conIs one calculated to produce injury, and the damages are of a nature not susceptible of easy proof, the amount stipulated will be given, if not clearly unreasonable.
The bark I. G. was chartered to the respondents from Smyrna to New York, the charter providing that the vessel should be" entered at New York, by the respondent's agents, or, on default thereof, the owner should pay £20 esti· mated damages." On arrival at New York, the captain did not report to the charterer's agents at once.nar until the day after the vessel had been reo ported to other agents, and entered by them at the custom·house. H6ld. that the stipulation was a reasouable one. in view of the liability to injury to the charterers through delay in reporting the vessel at once. on arrival; and that the stipulated damages should be allowed without further proof of specific damage than the delay of one day.
In Admiralty. Vllo, Ruebsamen &: Hubbe, for libelant. Wilcox, Adams &: Macklin, for respondent.
:BROWN, J. The libel in this case was filed to recover the su:m of $1.33.54, part of the charter money due on the charter of the bark Idea G., fronlSmyrna to New York, by which the libelant stipulated that his vessel;. on arrival at New York, "should be by the respondent's agents,.or, in default thereof, that the libelant would pay £20estimated damages." The respondent offered to pay the freight, but claimed tQ offset under the stipulation of the because the master had not first reported his vessel to the respondent, as he was bouud to do, in order that the respondent might enter the vessel, or direct her entty, at the custom-house according to the stipulation. The term "estimated damages" is equivalent to the words "liquidated damages," more frequently found in contracts. Upon such a stipulation, where the act for which the damages are given is one that is calculated to pl,'oduce injury to the plaintiff, and does so, and the damages are of a nature not susceptible of easy proof, the settled law is to enforce payment according to the contract, if not clearly unreasonable. Ntelson v.Read, 12 Fed. Rep. 441. The object of the clause in this case was shown to be to prevent the delays and the losses to the charterer's busiwhich often arise from ness, and 'the claims for demurrage or the failure to report the vessel· promptly to the consignees or their agents on arrival. The agreement was in this case plainly violated. The master reported first to his own agents, and the vessel was already by them at the custom-house a. day before any report of her was made to the respon!lent, as agreed; and, though the latter saw in the newspaper a report of her arrival, they had no knowledge where she was. This delay of at least one day is presumptive proof of damage, though
no specific damage was proved, or evidence offered to show it. No further proof of damage was, in my judgment, The stipulation is a lawful one. The amount fixed upon by the charter as the estimated damage on default, viz., some $97, is not unfe1l,sonable, and less than might often arise, and the agreement must therefore be enforced as it stands. Decree fo. the amount of freight, deducting the £20, without costs.
CONTINENTAL INS. Co.
(District Oourt, S. :0. New York. ,JlI,nuary81,1887.),
COLLISION-P1nOXIMAT:Il: AND REMOTE CAUSES-NAVIGATING NEAR PmRS AND, STATUTE. < ,
, Although navigating contrary to the statute does not necessaril:ycharge'the 'vessel with fault in a ¢ollisioJ)" where her position was perceived In tinW. aJld there was, plenty'of space and 9pportunity for each to avoid collision, yet it will be deemed a fault,and olie of the proximate causes of the collision, when the violation of the statute has created embarrassment in the movements of either vessel.
, A steamer having another, crossing steamer upon het own starboard hand is notrelieved of her duty to keep out of the other's way, under rule 19, merely ; from receiving first a signal of two whistles from th.e other, which are assented to, indicating that they will Pl\ss starboard to starboard. She remains. as be,fore. bound to do all that she reasonably can to keep out of the way.
8.'SAME-FERRY-BoAT-EASTRIVER-CIRCLING COURSE-'-NoT STOPPING'AND ;BACKING. ,',' ,
SAME-RULE 19-AsSENTING eIGNALS.
The ferry-boat C., on leaving her slip in Brooklyn, bound for the CatharineW. coming up :with the flood-tide, street slip, New York, observed the ,close to her New York slip. The river IS so narrow that on that tide a ferrybOat, under a hf}.rd a-starboard helm, is sometimes scarcely able tQ make her necessary downward turn. circling around somewhat in the shape of t)le letter "S." Tlie C. gave the W. a signal of two whistles, indicating that she should go outside of her, to which the W. replied with two. The W. properly sheered Ilom,ewhat further towards the New York shore. and as near as was prudent with a tow along-side, and slowed. but did not back. The danger of collision was perceived when they were from 600 to 900 feet apart. The C. was all the time under a hard a-starboard wheel, but did not turn ,fast enough to clear the W.'s tow, striking her with her starboard wheel or wheel-honse, and sinkingher immediately. Held, both were in fanlt,-the ferry-boat as being specially charged with knowledge of what she conld do or riot do in tnrning, and therefore bound to stop and back in time, when the danger was perceived; and the tng (1) for navigating unlawfully near the piers and slips, which created an embarrassment to the ferry-boat. and prevented her going to the westward of her, following her ordinary course, while she was not able,with()ut stopping, to tnrn rapidly enough to go to the eastward;(2) back: