Rosenberg Bros. v. United States Shipping Board Emergency Fleet Corp.

These three cases, tried together, are suits brought in the names of the shippers and owners of cargo lost on the steamship West Aleta, when that vessel stranded on Terschelling Island, more than five years ago.

The West Aleta left San Francisco with a full cargo on January 6, 1920, Libelants’ shipments wore destined for Cardiff, Wales, and Rotterdam, Holland, and consisted of rice, nutmegs, and 15,000 barrels of wine and brandy. Bills of lading were issued in the usual form, in one ease naming Sa,n Francisco as the port of departure and Cardiff as that of destination, and in the other cases San Francisco and Rotterdam as such respective ports. In none of them was any reference made to Hamburg, Germany; but, inasmuch as each of the libelante had consigned a shipment to that port, they had actual knowledge that the vessel intended to call there.

In each case the opening clause of the bill of lading reads as follows: “Received in apparent good order and condition ' at San Francisco, * * * to be transported by tho ship West Aleta, » * •<■ with leave * * * to touch at any port or ports in any rotation or order, in, or out of, the customary route, and to call at any port or ports…