Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge.

Suit in admiralty by the National Carbon Company against the steamship Eureka; the Alaska Steamship Company, claimant. Decree for respondent, and libelant appeals.

Appeal from a decree dismissing a libel alleging the following facts:

On September 8, 1915, libelant, National Carbon Company, shipped at New York on the Eureka, bound for San Francisco, certain dry battery cells consigned to libelant at San Francisco. The ship sailed, but about October 1, 1915, libelant beard that the Panama Canal was closed to navigation. Inquiry was at once made of tl}.o ship’s agents-at Philadelphia as to the whereabouts of the vessel. The agents replied that the vessel was detained because of the canal slide, and was at Colon, whereupon libelant notified the agents of the ship that the goods were perishable and offered to pay costs for discharging and restowing cargo to be disturbed in reaching the goods. The agents failed to deliver and refused demands for delivery. Libelant alleges that nothing was done by those in charge of the ship until about November 22d, when the cargo was delivered to libolant at New Orleans, and it was found to be damaged as a result of the failure of the ship to perform its contract.

The steamship company, claimant, answered that the ship was owned by the Pacific Coast Steamship Company, and subehartered through others to the Oregon-California Shipping Company, to which last company the shipments were delivered for transport, freight prepaid, that alleged demands for delivery were not made, and. that by certain clauses in the bills of lading the ship was exonerated:

“That in case the steamer shall * ® ® be prevented from any cause from proceeding in the ordinary course of her voyage, to transship the goods to their destination by any other steamer; * * * that the carrier shall not be liable for los:; or damage occasioned by causes beyond his control or accidents of navigation of whatsoever kind ; * * ■* that the carrier shall not be liable for loss or damage occasioned by * * change ot character, ® ® * or any loss or damage arising from the nature of the goods, ® ® * nor for any loss or damage caused by the prolongation of the voyage.

“(2) No carrier shall be liable for delay, nor in any other respect than as warehouseman, while the said property awaits conveyance from any point of transshipment. * *

“(8) When the loading, transport, transshipment, or delivery is prevented in consequence of ice, weather, epidemic, quarantine, blockade, war, sedition, strikes, troubles, labor agitations, and all analogous circumstances whatever, the captain, the cojnp.‘jny, or the agents shall be entitled to load, discharge, transship, put into warehouse or quarantine depot, or into a lighter, hulk, or craft, and to deliver all or any part of the goods, whether the terminus of the voyage or not, and all expenses of transshipment or warehousing of customs, * * and all extra expenses of whatever kind incurred in consequence of the above circumstances will be entirely for account of the shipper, consignee, or party claiming the goods.”

The answer also alleges that, when it was apparent that the canal would remain closed for some time, the owners and charterers and agents oí: the ship tried to find some method of transshipping the carg'o to destination, and whether the ship could be sent via the Straits of Magellan; that after diligent investigation they believed it -was best for the consignors and consignees of the cargo that the ship he diverted to New Orleans and her cargo there transshipped by rail to destination, and that the Oregon-Caiifomia Shipping Company on November 5th ordered the ship to proceed to New Orleans, at which port she arrived November 12th: that before proceeding to New Orleans the consignees were advised of the movement of the ship, and that libel-ant consented to the ship going to New Orleans and transshipment: of cargo by-rail ; that the cargo was discharged at New Orleans, and libelant’s cargo delivered to libelant: about the 16th of November. í'or further defense the answer pleads provisions of the bills of lading excusing the carrier from damage to goods on account of inherent weakness, natural causes, and oilier things, and assorts that the damage, if any, arose from one of the excepted causes; that the bills of lading requiring notice of damage to be filed with the steamship company were not complied with.