BORTETEY V. ACHINIVU AND OTHERS

MILLS-ODOI J.: Counsel for plaintiff submits that, because there is a total loss of the taxicab, his client is entitled to recover from the defendants both its market value before the date of the accident, and also a further sum in respect of the loss of future earnings. In support of this submission he cited Gibb on Collision on Land (5th edition) page 213. The passage referred to by counsel for plaintiff at page 213 of Gibb does not support his contention that his client is entitled to recover in respect of the loss of earnings or mesne profits. According to that page,

“where there is a total loss of a ship there may be recovered, over and above her value at the time of loss, the profit lost under a charterparty then current, less the expenses probably to be incurred in earning that profit.”

This is to be understood to mean that in addition to the market value of the chattel at the time of the accident, the owner is entitled to recover any consequential loss suffered by him, that is t…