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° _ Tmi Cm or Taor, etci · I
(Dismal Oourt, N: LD. New York. 1882 y
Conmsron-Diusems-Barons" or Commissions. 4,
The estimate of damages as reported by the commissioner in a cause of col-
lision adopted by the court. I
- In Admiralty. x ‘
P. O. J. De Angclis, for motion. `
E. D. Mathews, opposed. - i
Coxm, D. J. This is a motion to connrm the report of the commis-
sioner, and for a nnalf decree in favor of the libelant. The respond-
ents have filed exceptions and oppose the motion, insisting that the I p
commissioner has placed the damages at too high a figure. The com- ` ,
missioner reports that the amount of damage sustained by the libel-
ant by reason of the matters set forth in the libel is the sum, of
$575. I have read all the evidence taken by the commissioner, and
do not feel justified in interfering with his conclusions. Three wit- I
nesses were sworn for the libelant, who place the damage to the I
injured boat at $800, $1,000, and $800, respectively. Two witnesses
for the respondent place the damage at $250, and from $200 to $300,
respectively. Their evidence, however, indicates that they did not
see the boat until partial repairs had been made, some time afterthe
collision. _ ‘· V I
If the question of damages, as an original proposition, was to be
here decided, I do not see how, upon this evidence, they could be
placed at a sum much below the amount stated in the report,
assuming that the witnesses are entitled to equal credit. Theicom-
missioner, from personal observation of the witnesses, having had —
an opportunity to note their manner while testifying, is .much ~ V
`better able to estimate correctly the weight to be given to their
opinions than one who simply reads thewritten testimony. .
The motion should be granted. ~ l . A V _
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