Unione Austriaca di Navigazione v. Leon G. Tujague & Co.
Court of Appeals for the Fifth Circuit
Appeal from District Court’ of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Suit in admiralty by Leon G'. Tujague & Co. and others against the steamshipi Gerty; Unione Austríaca di Navigazione of Trieste, Austria, claimant. Decree for libelants, and claimant appeals.
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Appeal from District Court’ of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Suit in admiralty by Leon G'. Tujague & Co. and others against the steamshipi Gerty; Unione Austríaca di Navigazione of Trieste, Austria, claimant. Decree for libelants, and claimant appeals. Tbe appellees, Leon G. Tujague & Co., libeled tbe steamship Gerty, alleging damage to a consignment of lemons shipped from Palermo to New Orleans on that steamship, caused by fumigation of the ship at Havana by tbe quarantine authorities of tbe United States. The other appellees intervened with…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). [1] The appellant denies liability for the damage alleged to have been done the lemons upon two grounds. It contends that the fumigation alleged to have caused the injury was done by public authority and under compulsion, and that it was not known at the time the master submitted to fumigation that injury to the lemons would probably result therefrom, and that such injury could not have been reasonably apprehended by the" master, and, as negligence was essential to libelants’ right of recovery, there could be none where injury to the lemons could not have…
2Cases cited5 opinions
- Queen of the PacificSupreme Court of the United States · 1901
- The PersianaCourt of Appeals for the Second Circuit · 1911
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- The St. HubertCourt of Appeals for the Third Circuit · 1901
- Austrian Union S. S. Co. of Trieste v. CalafioreCourt of Appeals for the Fifth Circuit · 1912
3Cited by10 opinions
- The San GuglielmoCourt of Appeals for the Second Circuit · 1918
- Bombace v. American Bauxite Co.Court of Appeals for the Fifth Circuit · 1930
- The NatalCourt of Appeals for the Ninth Circuit · 1926
- The VerdiCourt of Appeals for the Second Circuit · 1922
- California Victor Distributing Co. v. Luckenbach S. S. Co.District Court, S.D. New York · 1932
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