1. Collision — Measure of Damase.

The measure of damages to a vessel injured by collision with another vessel wholly or partially in fault is the value of the use of the injured vessel during the time of the actual, necessary detention; and such value can be determined by evidence showing the number of days lost while undergoing repairs, the average daily earnings for a period six months prior and six months subsequent to the collision, from which the court can determine the vessel’s capacity, and the condition of the trade in which she was engaged, as well as from expert testimony.

2. Same.

That another vessel belonging to the same owner was substituted for the disabled vessel during her detention will not affect the light to compensation, nor is it a cause for awarding less than if such substitute was not available.

8. Same — Commissioner's Report.

On a libel for damages caused by collision, where both vessels were found in fault, the damages and costs ordered to he divided equally, and toe assessment of damages referred to a commissioner, an appellate court will not assume that the commissioner awarded interest to one vessel and not to the other, where no indication or intention to discriminate appears in the record, and by a prior report he awarded interest to both vessels.

4. Same — Cost of Repairs.

The bill for services of a part owner, who voluntarily and without request; devotes a portion of his tone to overseeing repairs to a vessel injured by collision, is not a part of too cost of repairs, for which award should bo made, where it does not appear that there was any necessity for such services, that they were of any value, or that the bid had been paid, or payment thereof promised by his co-owners.

5. Same — Damage to Carso — Evidence.

By a collision at sea, a vessel with a cargo of lumber became waterlogged, was towed into port, beached, and, in consequence of being grounded on the flats, her cargo was stained by muddy water, slime, and mud. Held, that vague and indefinite evidence, which failed to show any necessity for beaching the vessel before discharging her cargo, or with any precision even approximately showed what portion of the cargo was damaged, though competent witnesses were available and not called, no reason being given for toe omission, was insufficient as a basis for an award.

6. Same — Commissioner’s Report — Evidence.

Testimony as to damages sustained by a collision, tafeen on the first trial, and considered on the second, is sufficient, without recalling the witnesses to repeat their testimony, to sustain the findings of a commissioner to whom the computation of damages has been referred, where the panties have had the benefit of their legal rights in toe matter of exceptions to the evidence.

?. Same — Appeal-- Costs — Mandate.

In a, collision case, the failure of the circuit court of appeals to decree costs to appellants on their appeal, even if intentional, affords no ground for complaining of a subsequent decree of the district court, for the error, if any, should have been corrected by motion in the appellate court before the mandate issued.