Berizzi Bros. Co. v. SS Pesaro
United States Supreme Court
271 U.S. 562 (1926)
- Written by David Bloom, JD
Facts
The Pesaro (defendant), a merchant ship carrying commercial cargo, was owned and operated by the government of Italy. Berizzi Brothers Company (Berizzi) (plaintiff), an American company, had cargo on the Pesaro. Berizzi sued the Pesaro in federal court for damages to its cargo. The parties agreed that the Pesaro was not immune from suit in Italy and that merchant vessels owned by the United States were not immune in Italian courts. However, the Pesaro objected to the lawsuit on the grounds that it was immune from suit in United States courts. The United States Department of State took no position on whether the Pesaro was immune from suit in the United States. The district court overruled the Pesaro’s objections, and the Pesaro appealed. The intermediate appellate court reversed the district court’s decision and dismissed the case. Berizzi appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Van Devanter, J.)
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