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TWENTIER v. UNITED STATES

No. 50340.

109 F.Supp. 406 (1953)

TWENTIER et al. v. UNITED STATES.

United States Court of Claims.

January 13, 1953.

Attorney(s) appearing for the Case

John A. Kendrick, Washington, D. C., for plaintiff. Burton, Heffelfinger, McCarthy & Kendrick, Washington, D. C., were on the brief.

Gilbert E. Andrews, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

This is an action brought by a partnership for damages of $41,075.54 caused by loss of and damage to shipments of fourth class, unprotected mail. The theory of plaintiff's case is that the damage was caused by reason of the breach by the defendant of an implied contract of bailment. Defendant has filed a motion to dismiss on the ground that the carriage and delivery of mail being a public function, the United States is not responsible to the owner...

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