NAVIGAZIONE GENERALE ITALIANA v. ELTING

No. 240.

88 F.2d 607 (1937)

NAVIGAZIONE GENERALE ITALIANA v. ELTING, Collector of Customs of Port of New York.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Charles J. Nager, Asst. U. S. Atty., of Rye, N. Y., of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


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...

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