The Beaver

The appeal in this case is from that portion of the judgment just affirmed in the case entitled Olaf Lie, Master, etc., *140 v. San Francisco & Portland Steamship Company, a Corporation, Claimant of the American Steamship Beaver, 219 Fed. 134 , 135 C. C. A. 32 , which awarded the present appellee full recovery against the present appellant for the loss of its bill of lading freight through the sinking of the Selja and for the value of the bunker coal, flour slings, house flag, and dunnage wood and mats belonging to the appellee, and which also went down with that ship.

The parties to this appeal are agreed as to the value of those respective items, but the appellant contends here, as in the other ease, that the disaster was caused by the joint fault of the two ships, and that because of the fault of the Selja the appellee is entitled to recover only subject to the rule of cross-liabilities.

It is conceded that at all of the times in question the appellee held a time charter from the owner of the Selja, which was not a demise of the vessel, but a contract of-affreightment merely, for the carriage of passengers, live stock, and merchandise; that the appellee procured to be shipped…