Western Lumber Mfg. Co. v. United States

KERRIGAN, District Judge.

Those are 'suits in personam for failure to deliver cargo. The goods in each ease were delivered in San Francisco, for carriage by one or all of the respondents to a seaport on the Atlantic Coast. They were not delivered at their destination, but were in fact lost through an error of navigation upon the coast of Oregon.

The theory of libelants’ case is that the carriage which diverted the goods from their transit to the eastern coast was a deviation from the bills of lading, and in consequence that the parties to those instruments arc liable for breach of contract;…