Luckenbach S. S. Co. v. American Mills Co.

BRYAN, Circuit Judge.

Appellee was awarded by the decree appealed from the value of 1,450 cots that were destroyed by fire while on a wharf in New Orleans awaiting loading on appellant’s steamer for shipment to Seattle. Appellee had 2,852 cots, which it desired to ship, and which it delivered, at appellant’s request, on the wharf, and was given by appellant’s agent a memorandum acknowledging receipt. After 1,-402 cots had been loaded, a fire broke out and destroyed the 1,450 cots that remained on the wharf. It was agreed that the fire originated and spread through no fault or neglect on the…