United States Supreme Court Cases & Opinions

U.S. Supreme Court

Johnson & Higgins v. United States, 287 U.S. 459 (1932)

Johnson & Higgins of California v. United States

No. 166

Argued December 9, 1932

Decided December 19, 1932

287 U.S. 459

Syllabus

Cargo, while being carried free on an Army transport, was damaged by water used to put out a fire. Insurers of the cargo having claimed contribution from the Government, and the Judge Advocate

Page 287 U. S. 460

General having advised that the claim was valid, the officer of the Quartermaster Corps who was responsible for the operation of the vessel engaged a private firm to prepare a general average statement for a reasonable compensation. Held that the contract was authorized even if the Government was not liable for general average, since that question was not free from doubt and the duty of preparing the statement lay on the officer, and, in discharging it, he was entitled to have the assistance of general average adjusters.

74 Ct.Cls. 331 reversed.

Certiorari to review a judgment rejecting a claim against the United States for services and expenses in preparing a general average statement.