Thomas

This cause comes to us on appeal (by the libelants below) from a decree of the District Court of the United States for the Northern District of California, sitting in admiralty, dismissing the libel and awarding costs to the respondent.

Two causes of action are set forth in the amended libel as amended, one in behalf of appellant Thomas, which in substance alleges (1) that appellee, during all of the time herein mentioned, was a corporation engaged as a common carrier engaged in transportation by water of property between Seattle, Wash., and San Francisco, Cal., and that the steamship City of Los Angeles so and then operated by appellee was during all of such .time a common carrier; (2) that on August 20, 1933 at Seattle, Wash., the appellant Thomas placed and shipped certain racing dogs, in good health, order, and condition, on said vessel, to be carried to San Francisco and there delivered to said appellant in like health, order, and condition, and that said carriage was to be in consideration of an agreed freight; (3) that appellee accepted and received said dogs on said vessel as a common carrier; that said vessel sailed from Seattle with said dogs aboard on August 30, 1933;…