THE DO
THE DO
District Court, S.D. Florida (1925)
Positive Treatment
Cited by 3 cases
Opinion of the Court
In this ease the libel is based on the alleged violation of two sections, 581 and 584, of the Tariff Act of 1922 (Comp. St. Ann. Supp. 1923,' §§ 5841h, 5841h3), and importing certain liquors without a permit so to do.
The only evidence to support these charges is that, when -boarded, the boat was *397tied to the hank, no one aboard, and one sack of foreign liquor was found aboard, and some other sacks of liquor were recovered, by diving, from the water near the boat. This, it seems to me, is not sufficient proof upon which the court can predicate a decree for forfeiture or penalties.
The libel will be, therefore, dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kibadeaux v. Standard Dredging Co., 81 F.2d 670 (5th Cir. 1936)
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Stewart v. Dutra Constr. Co., 543 U.S. 481 (U.S. 2005)…ee, e. g., Butler v. Ellis, 45 F. 2d 951, 955 (CA4 1930) (finding the vessel status of dredges “sustained by the overwhelming weight of authority”); The Hurricane, 2 F. 2d 70, 72 (ED Pa. 1924) (expressing “no doubt” that dredges are vessels), aff’d, 9 F. 2d 396 (CA3 1925). This Court’s cases have continued to treat §3 as defining the term “vessel” in the LHWCA, and they have continued to construe § 3’s definition in light of the term’s established meaning in general maritime law. For instance, in Norton v…
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Tampa Ship Repair & DRY Dock Co., Inc. v. Esso Exp. Corp., 237 F.2d 506 (5th Cir. 1956)…ry was Esso’s. Nothing in John Baizley Iron Works v. United States, D.C.Pa., 6 F. 2d 25, 26, 1925 A.M.C. 565, whose dicta was apparently magnified to obscure its actual holding, or The Hurricane, D.C.Pa., 2 F. 2d 70, 1925 A.M.C. 42, affirmed 3 Cir., 9 F. 2d 396, could make more out of these letters than this. This was the only excuse for Esso closing its eyes to the facts so readily available. It is inadequate as a matter of law so reversal involves in no sense a rejection by us of fact findings by the Dis…