
    Case No. 2,215.
    BURTON v. The COMMANDER IN CHIEF.
    [N. Y. Daily T., July 23, 1860.]
    District Court, S. D. New York.
    July 23, 1860.
    
    Practice in Aumirai.tt — Exceptions to Master’s Report — Interest on Damages.
    [1. The justness of a decree on libel for collision, in which a reference to a commissioner to ascertain the damage has been directed, cannot be tested on exceptions to tbe commissioner’s report.J
    [2. Nor can tbe credibility and reliability of tbe witnesses on the reference be investigated on such exceptions, unless tbe objections rest wholly on questions of law.]
    [3. Interest should be allowed on tbe actual damages sustained by libelant.]
    [See Tbe America, Case No. 285; Tbe Alexandria, Id. 178.]
    [4. Notwithstanding disparity in the estimate of damages on tbe reference, ranging from $600 to $3,000, the commissioner’s finding should be confirmed.]
    [NOTE; Claimants appealed to the circuit court from the decree of the district court, and the decision of tbe latter court was afiirmed. Case No. 2.216.
    [Tbe decree of tbe circuit court was affirmed by tbe supreme court in La Tourette v. Burton, 1 Wall. fG8 U. S.) 43. See note at end of Case No. 2,210.]
    [In admiralty. Libel by Peter R. Burton and William H. Lingo, owners of tbe schooner William Clarice, against tbe schooner Commander in Chief, for damages sustained by collision. There was a decree for libelants, and a reference to compute the damages. On the coming in of the commissioner’s report, the claimants, Abraham La Tourette and Daniel Butler, excepted to the report, which exceptions were overruled.]
    Mr. Morton and William Jay Haskett, for libelant.
    Beebe, Dean & Donohue, for claimants.
    Before BETTS, District Judge.
    
      
       [Affirmed in Burton v. The Commander in Chief, Case No. 2,216, and by the supreme court in La Tourette v. Burton, 1 Wall. (68 U. S.) 43.]
    
   HELD BY THE COURT; That the claimants cannot, on exceptions, test the justness of the decree. That the credibility and reliability of the witnesses on the reference cannot be investigated on exception, unless the objections rest wholly on questions of law. That on the decree the libelant is entitled to interest on the actual damages occasioned to the vessel and cargo. That though there is great disparity in the estimates by the witnesses of the value of the vessel, ranging from $000 to $3,000, the court must hold the finding of the commissioners to be substantially correct. Exceptions overruled.  