The Paquete Habana, 189 U.S. 453 (1903)

The Paquete Habana


Nos. 578-589


Argued March 19, 1903
Decided April 6, 1903
189 U.S. 453

APPEALS FROM THE DISTRICT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

This Court having decided in The Paquete Habana, 175 U.S. 677, that certain fishing smacks engaged in coast fishing for the daily market were not liable to capture, and ordered that the proceeds of vessels and cargoes be restored to the claimants with compensatory and not punitive damages and costs, and it appearing that the damages allowed were excessive, the cases were remanded to the district court for further proceedings.

Under the circumstances of this case, the decree should be entered against the United States, and not against the captors individually.

The case is stated in the opinion of the Court.