63 F.2d 812 | 2d Cir. | 1933
These cases are ruled by Taylor v. United States, 207 U. S. 120, 28 S. Ct. 53, 52 L. Ed. 130, and Dollar S. S. Line v. Elting, 51 F.(2d) 1035 (C. C. A. 2). The section, as it was before the Supreme Court in the first case, was, in substance, the same, and it was there held that “bringing to” the United States meant bringing aliens there with intent to leave them. That section, 18 of the Act of'
The Nanking, 290 F. 769 (C. C. A. 9), is not to he taken as a decision to the contrary. It is true that the facts were the same, but the point was not taken, and the decision cannot be considered a ruling. While the result is that a shipowner touching in the United States is not responsible even for a negligent failure to restrain passengers who escape, this is involved in the authoritative interpretation. There is no a priori ground for a distinction between passengers and sailors; indeed, there is more reason for allowing passengers to go ashore. They axe normally less subject to restraints.
Decrees affirmed.