Navigazione Generale Italiana v. Elting

L. HAND, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action to recover fines collected for unlawfully bringing four diseased aliens into the United States. The only question is whether the carrier could with reasonable diligence have discovered their disability on embarkation.

The first alien was a man twenty-nine years old, who upon his arrival on September 6, 1923, was found to be suffering from rheumatic fever. He was at once taken to a hospital, where he was treated for about two months; when he came back to Ellis Island, he was found to be suffering from a…