Libby, McNeill & Libby v. United States

340 U.S. 71, 71 S. Ct. 144, 95 L. Ed. 2d 86, 95 L. Ed. 86, 1950 U.S. LEXIS 2471

Opinions

Mr. Justice Black

delivered the opinion of the Court.

This is a companion case to Standard Oil Company of New Jersey v. United States, 340 U. S. 54, decided this day. Here, as there, the Government insured petitioner’s ship against war risks including “all consequences of hostilities or warlike operations.” The ordinary marine risks were covered by a Lloyd’s policy. The vessel, United States Army Transport David W. Branch, stranded on January 13, 1942, when an inexperienced helmsman made a mistake in steering. The Government admits that the Branch was engaged in the warlike operation of transporting military supplies and personnel between war bases, but denies that the warlike phases of the operation caused the stranding. The Court of Claims found as a fact that there was no causal connection between the “warlike operation” and the stranding, and accordingly gave judgment for the United States. 115 Ct. Cl. 290, 87 F. Supp. 866. Petitioner’s contentions for reversal here are substantially the same as those advanced in Standard Oil Company of New Jersey v. United States, supra. The reasons given for our holding there require affirmance in this case.

Affirmed.

Mr. Justice Douglas dissents for the reasons set forth in his dissent in Standard Oil Company of New Jersey v. United States, 340 U. S. 54, 70, decided this day.