Austro-American S. S. Co. v. Thomas
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Marie Rouise Thomas .against the Austro-American Steamship Company. Judgment for plaintiff, and defendant brings error. In 1914, the Steamship Company maintained a line between Trieste and New York. The plaintiff below, Mrs. Thomas, obtained in Italy, passage tickets for herself and daughter entirling them to transportation from Trieste to New York.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Marie Rouise Thomas .against the Austro-American Steamship Company. Judgment for plaintiff, and defendant brings error. In 1914, the Steamship Company maintained a line between Trieste and New York. The plaintiff below, Mrs. Thomas, obtained in Italy, passage tickets for herself and daughter entirling them to transportation from Trieste to New York. In payment therefor she gave her own check- upon a bank in the state of Ohio, which the agent of the steamship company accepted. Plaintiff and her…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above).
[1-3] Undoubtedly the relation between the passenger and carrier is contractual, both in origin and nature; yet the act that breaks the contract may be also a tort, just as a carrier’s unexcused failure to deliver goods intrusted to him is at once a breach and a conversion. Vanderbilt v. Ocean S. S. Co., 215 Fed. at 891, 132 C. C. A. 226. Yet a passenger cannot, like a cargo owner, look to his carrier as an insurer : some negligence, however slight, must be shown. New York, etc., Co. v. Baker, 98 Fed. 697, 39 C. C. A. 237, 50 L. R. A. 201, and cases cited.…
2Cases cited13 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Sanderson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Don Dean v. Jimmy DeanCourt of Appeals for the Fifth Circuit · 1987
- Erie R. Co. v. MurphyCourt of Appeals for the Second Circuit · 1925
- Emmke v. De SilvaCourt of Appeals for the Eighth Circuit · 1923
- State Nat. Bank of Iowa Park v. RogersCourt of Appeals of Texas · 1935
- New York, N. H. & H. R. v. FruchterCourt of Appeals for the Second Circuit · 1921
5 more not listed; retrieve them via the Exa API.