Lamport & Holt, Limited v. Board of Com'rs of Port of New Orleans, 21247
| Court | Louisiana Supreme Court |
| Writing for the Court | PROVOSTY, J. |
| Citation | 69 So. 174,137 La. 784 |
| Decision Date | 11 June 1915 |
| Docket Number | 21247 |
| Parties | LAMPORT & HOLT, Limited, v. BOARD OF COM'RS OF PORT OF NEW ORLEANS. In re BOARD OF COM'RS OF PORT OF NEW ORLEANS |
69 So. 174
137 La. 784
LAMPORT & HOLT, Limited,
v.
BOARD OF COM'RS OF PORT OF NEW ORLEANS.
In re BOARD OF COM'RS OF PORT OF NEW ORLEANS
No. 21247
Supreme Court of Louisiana
June 11, 1915
Rehearing Denied June 29, 1915
James Wilkinson, of New Orleans, for applicant.
Geo. H. Terriberry, of New Orleans, for defendant in writ.
OPINION
[137 La. 785] PROVOSTY, J.
By Act 70, p. 102, of 1896, as amended by Act 36, p. 44, of 1900, the board of commissioners of the port of New Orleans is created and is required to take charge of and administer the public wharves and landings of the port of New Orleans, and to 'erect sheds on the wharves and landings to protect merchandise in transit, to place and keep the wharves and landings in good condition'; and the act provides that, 'to defray said expenses, they shall charge upon shipping visiting the port of New Drleans, for the use of the wharves,' etc., certain rates fixed in the act. And the act goes on to say that:
'Where sheds are provided, shipping using same shall pay an additional charge. Said charge shall not exceed, in any case, the cost of construction, maintenance and management of said improvements.'
Certain bags of coffee which had been stored for plaintiff on one of the sheds so provided, having been damaged, by leakage in the roof of the shed, plaintiff sues for the loss.
The defense is that the defendant board has [137 La. 786] no fund out of which to pay such damages, and is not authorized by law to provide any; that therefore it cannot be condemned to pay same; that the charge which it is authorized to make for the storing of merchandise is restricted to the amount that may be necessary to construct, maintain, and manage said sheds, which does not include any amount whatever for paying damages for injury to goods that may be stored under the sheds; and that the defendant does not occupy the position of an ordinary warehouseman, since it does not conduct the business for a profit, but simply for the accommodation of the commerce of the port; and finally that the defendant is a state agency not liable to be sued in damages for any acts of malfeasance or nonfeasance.
The latter contention was sustained by the city court, and the suit was dismissed. The Court of Appeal reversed the judgment, and gave judgment for plaintiff.
In Barrett v. Board, 133 La. 1022, 63 So. 505, 50 L. R. A. (N. S.) 469, where a furnisher of materials for the construction of one of these...
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., Inc., No. 52156
...of Barrett Manufacturing Company v. Board of Commissioners, 133 La. 1022, 63 So. 505; Lamport & Holt, Ltd. v. Board of Commissioners, 137 La. 784, 69 So. 174, stopped short of holding that the sovereign immunity of the State protected the Board). Page 21 When the Fouchaux case was reviewed ......
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., No. 4622
...of the state and therefore not amenable to a suit in tort. See also: Lamport & Holt, Limited v. Board of Com'rs of Port of New Orleans, 137 La. 784, 69 So. 174 Moreover, this court in the case of Board of Com'rs of Port of New Orleans v. Gypsum Transportation, Ltd., 209 So.2d 296 (La.App.4t......
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Jurisich v. Board of Levee Com'rs of Orleans Levee Dist., 17762.
...ex delicto. Trumata v. Board of Levee Commissioners, 3 La.App. 785; Lamport & Holt v. Board of Commissioners of Port of New Orleans, 137 La. 784, 69 So. 174; Kilberg v. Louisiana Highway Commission, 8 La.App. 441; Orgeron v. Louisiana Power and Light Company et al., 19 La.App. 628, 140 So. ......
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Moore v. Board of Com'rs of Port of New Orleans, No. 4657
...of Commissioners of Port of New Orleans, 199 La. 1071, 7 So.2d 355; Lamport & Holt, Ltd. v. Board of Commissioners of Port of New Orleans, 137 La. 784, 69 So. 174. 1 Although a state may not be sued without its consent in admiralty as well as in non maritime tort 2, we note the alleged caus......
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., Inc., 52156
...of Barrett Manufacturing Company v. Board of Commissioners, 133 La. 1022, 63 So. 505; Lamport & Holt, Ltd. v. Board of Commissioners, 137 La. 784, 69 So. 174, stopped short of holding that the sovereign immunity of the State protected the Board). Page 21 When the Fouchaux case was reviewed ......
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., 4622
...of the state and therefore not amenable to a suit in tort. See also: Lamport & Holt, Limited v. Board of Com'rs of Port of New Orleans, 137 La. 784, 69 So. 174 Moreover, this court in the case of Board of Com'rs of Port of New Orleans v. Gypsum Transportation, Ltd., 209 So.2d 296 (La.App.4t......
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Jurisich v. Board of Levee Com'rs of Orleans Levee Dist., 17762.
...ex delicto. Trumata v. Board of Levee Commissioners, 3 La.App. 785; Lamport & Holt v. Board of Commissioners of Port of New Orleans, 137 La. 784, 69 So. 174; Kilberg v. Louisiana Highway Commission, 8 La.App. 441; Orgeron v. Louisiana Power and Light Company et al., 19 La.App. 628, 140 So. ......
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Moore v. Board of Com'rs of Port of New Orleans, 4657
...of Commissioners of Port of New Orleans, 199 La. 1071, 7 So.2d 355; Lamport & Holt, Ltd. v. Board of Commissioners of Port of New Orleans, 137 La. 784, 69 So. 174. 1 Although a state may not be sued without its consent in admiralty as well as in non maritime tort 2, we note the alleged caus......