#### Henry P. Reger, Appellee, v. Ray Behan, Appellant.

Gen. No. 23,118. (Not to be reported in full.)

Abstract of the Decision.

Damages, § 68 * —what is effect of failure of owner to minimize by payment of fine on libeled boat. In an action hy the owner of a boat to recover a fine imposed on such boat while being operated hy defendant and the expenses attendant upon the custody of the boat by federal authorities after it was libeled and .seized for nonpayment of such fine, evidence held to show that plaintiff knew of the imposition of the fine in time to have avoided the additional expenses by paying the fine and to bar any recovery hy him in excess of the amount of the fine.

Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed and judgment here with finding of facts.

Opinion filed January 31, 1918.

Statement of the Case.

Action by Henry P. Beger, plaintiff, against Bay Behan, defendant, to recover damages. From a judgment for plaintiff for $110.43, defendant appeals.

M. L. Igoe, for appellant.

Charles Hudson, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McDonald

delivered the opinion of the court.