Legal Opinion

The Athinai

District Court, S.D. New York

Decided February 8, 1916PublishedCited by 5 opinions

In Admiralty. Suit by Joseph J. O’Connell, as health officer, against the Greek steamship Athinai, to enforce a lien for official disbursements and expenses. Final hearing in admiralty; libel asserting a lien upon the Athinai for the official disbursement's and expenses of libelant, under the following circumstances: This Greek steamship arrived in New York Harbor from foreign parts on February 28, 1914. She carried numerous immigrant passengers.

Read the full summary

In Admiralty. Suit by Joseph J. O’Connell, as health officer, against the Greek steamship Athinai, to enforce a lien for official disbursements and expenses. Final hearing in admiralty; libel asserting a lien upon the Athinai for the official disbursement's and expenses of libelant, under the following circumstances: This Greek steamship arrived in New York Harbor from foreign parts on February 28, 1914. She carried numerous immigrant passengers. Libelant acting under authority of sundry statutes of New York, creating his office and defining its powers and duties, inspected the Athinai to…

1Opinion of the CourtHough, District Judge

(after stating the facts as above). It is assumed, for purposes of decision, that quarantine regulations gen-' erally are within the powers of the several states, unless and until Congress, in the exercise of the commerce clause of the Constitution, chooses to assume control of that subject. Morgan v. Louisiana, 118 U. S. 455, 6 Sup. Ct. 1114, 30 L. Ed. 237.

[1] It is further considered beyond dispute that for services or expenditures such as shown here, the general maritime law provides no remedy or cause of action, enforceable in rem against the ship bringing into port passengers or others…

2Cases cited14 opinions

  1. The LottawannaSupreme Court of the United States · 1875
  2. Moran v. SturgesSupreme Court of the United States · 1894
  3. The J. E. RumbellSupreme Court of the United States · 1893
  4. Morgan's Steamship Co. v. Louisiana Board of HealthSupreme Court of the United States · 1886
  5. The CorsairSupreme Court of the United States · 1892

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cordrey v. SteamshipOregon Supreme Court · 1922
  2. Corsica Transit Co. v. W. S. Moore Grain Co.Court of Appeals for the Eighth Circuit · 1918
  3. The GdanskCourt of Appeals for the Second Circuit · 1924
  4. California & Eastern S. S. Co. v. 138,000 Feet of LumberDistrict Court, D. Maryland · 1927
  5. The BostonDistrict Court, E.D. New York · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API