Johnson Higgins of California v. United States, 166
| Citation | 77 L.Ed. 426,287 U.S. 459,53 S.Ct. 209 |
| Decision Date | 19 December 1932 |
| Docket Number | No. 166,166 |
| Parties | JOHNSON & HIGGINS OF CALIFORNIA v. UNITED STATES |
| Court | U.S. Supreme Court |
Mr. Cletus Keating, of New York City, for petitioner.
Mr. Thomas D. Thacher, Sol. Gen., of Washington, D.C., for respondent.
The material facts as found by the Court of Claims are these: In December, 1918, fire broke out on the United States Army Transport Logan bound from San Francisco to Manila with a general cargo belonging to various owners. The Logan was under the operation, management, and control of the United States. The cargo consisted in part of military supplies for American troops in Siberia and the Philippine Islands, supplies belonging to the government of the Philippine Islands, supplies belonging to the American Red Cross, and a small amount of personal property of officers of the United States Army, all of which was being transported free of charge. In extinguishing the fire, some of the cargo was damaged by water, and some or all of the cargo was covered by insurance against general average losses.
In August, 1922, the general superintendent and administrative officer of the Army Transport Service of the Quartermaster Corps requested the petitioner, a corporation doing business as average adjuster and insurance broker, to prepare 'a statement of general average in order that the responsibility of the various parties concerned may be determined.' Attached to this request was a communication from the Acting Judge Advocate General of the United States to the Quartermaster General which referred to the claim of the marine underwriters for contribution in general average, and stated: Petitioner accordingly made its investigation, and prepared and submitted to the general superintendent of the Army Transport Service at San Francisco the usual general average statement. For this service and incidental disbursements, petitioner made the 'usual, customary and reasonable charge,' and, upon disallowance of the claim by the Comptroller General, petitioner brought this suit.
The Court of Claims held that the government was not liable to contribute in general average and...
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