Crowley

This is a libel in personam to recover for respondents’ breach of a contract to carry piling, which it is claimed was delivered to their steamer Santa Inez at Coos Bay, Or., for transportation to San Pedro, Cal., in 1922.

It appears that the libelant brought to and moored alongside the vessel two rafts of poles, and delivered them to it for shipment, under a contract of carriage which had been effected by correspondence. A third raft was tied up at an adjacent dock, which was unconnected with that at which the Santa Inez was lying, and separated from it by a 50-foot slip. The bow of the vessel was approximately 250 feet from the end of her dock, and heneo about 300 feet away from the point at which this raft was tied. Respondents owned neither dock, and had no representatives present other than the ship’s officers. To get to the third raft, it would have been necessary for the latter to have walked almost a quarter of a mile.

At some time between 5:30 and 6 p. m. on tho day in question, this raft broke away from its fastening, and was carried down by a strong ebb tide against the unloaded portions of the other rafts. The resultant collision caused a number o£ their poles to go…