Lamport & Holt, Limited v. Board of Com'rs of Port of New Orleans
| 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 |
| Court | Louisiana Supreme Court |
Rehearing Denied June 29, 1915
James Wilkinson, of New Orleans, for applicant.
Geo. H Terriberry, of New Orleans, for defendant in writ.
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:
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 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 same...
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co., Inc.
...(The earlier cases 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). When the Fouchaux case wa......
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Board of Com'rs of Port of New Orleans v. Splendour Shipping & Enterprises Co.
...New Orleans is an agency 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 (1915). Moreover, this court in the case of Board of Com'rs of Port of New Orleans v. Gypsum Transportatio......
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Jurisich v. Board of Levee Com'rs of Orleans Levee Dist.
... ... Board ... of Levee Commissioners, 3 La.App. 785; Lamport & Holt v ... Board of Commissioners of Port of New ... ...
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Moore v. Board of Com'rs of Port of New Orleans
...53 So.2d 128; Miller v. Board 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 to......