The Amiable Nancy (1818)

In The Amiable Nancy (1818) 16 U.S. 546, libellant sought damages "for the loss of the supposed profit of the voyage on which The Amiable Nancy was originally bound." Mr. Justice Story wrote: "The probable or possible benefits of a voyage, as yet in fieri, can never afford a safe rule by which to estimate damages, in cases of marine trespass." The Supreme Court explained that a ship owner can't be subject to "exemplary damages" for the actions of its agent if the owner is "innocent of the demerit of this transaction, having neither directed it, nor countenanced it, nor participated in it in the slightest degree." The Court held, without further delineation, owners of a privateer liable for tort. The Court stated, "'the probable or possible benefits of a voyage as yet in fieri can never afford a safe rule by which to estimate damages in cases of a marine trespass.'"