Berizzi Brothers Co. v. Steamship Pesaro, 271 U.S. 562 (1926)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 271 U.S. 557, click here.

Berizzi Brothers Co. v. Steamship Pesaro


No. 334


Argued May 7, 1926
Decided June 7, 1926
271 U.S. 562

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A ship owned and possessed by a friendly foreign government, and operated by it in the carriage of merchandise for hire, in the interest and service of the nation, is a public ship, and is immune from arrest under process based on a libel in rem by a private suitor, and the district court has no jurisdiction of the case under Jud.Code, § 24, cl. 3, granting that court jurisdiction of "all civil causes of admiralty and maritime jurisdiction." P. 570.

Affirmed.

Appeal from a decree of the district court in admiralty dismissing a libel in rem against a ship owned, possessed, and operated for trade purposes by the Italian government, for want of jurisdiction. See 277 F. 473.