The Republic of Panama files this claim in the sum of $270.00 without interest on behalf of José María Vásquez Díaz, assignee of Pablo Elías Velásquez, versus the United States of America, for loss and damage which the claimant alleges he suffered at the hands of sailors of the American Navy, upon a plantation located on Casaya Island, Archipelago of Las Perlas, Republic of Panama.

The Panaman nationality of the claimant is established. The facts on which this claim is based happened between the signing and the exchange of ratifications of the convention of July 28, 1926. On the grounds stated in the case of Walter E. Noyes (Registry No. 5) the Commission holds that it has jurisidiction to decide the claim.

In the month of February, 1931, several American naval units were holding maneuvers in the Archipelago of Las Perlas. A number of sailors from the fleet landed on one of the islands of the archipelago, called Casaya, and trespassed upon the property called "El Cocal de la Punta de Casaya" which, as its name indicates, was made up largely of a cocoanut grove, that is, a plantation of cocoanut palms. The sailors took the cocoanuts, both old and new, and drank the milk they contained, causing Velásquez, who had leased the property for the purpose of harvesting and marketing the fruit, a pecuniary loss estimated in the sum for which claim is brought. The loss and damage sustained is established by the testimony of three competent witnesses, rendered before the Judge of the District of Balboa, Republic of Panama.

From investigation made by the Government of the United States through the Secretary of the Navy, it is observed that it was impossible to fix the ensuing responsibility upon the perpetrators, inasmuch as it was not shown to which war vessel or vessels anchored in the archipelago the contingent of sailors who went ashore belonged.

While this point would have shed light upon the situation, the Commission considers that the offense was committed, that as a consequence of the acts of the sailors the claimant suffered loss and damage to his property, and that as a result the Government of the United States is liable under international law.

DECISION

The United States of America is obligated to pay to the Republic of Panama, on behalf of José María Vásquez Díaz, assignee of Pablo Elías Velásquez, the sum of one hundred dollars ($100.00) without interest.

Done in Washington, D.C., this 27th day of June, 1933. D. W. VAN HEECKEREN

Presiding Commissioner ELIHU ROOT, Jr.

Commissioner

H. F. ALFARO

Commissioner

COMMENT

This claim and the Ruiz claim (Docket Registry No. 18) were submitted to the Commission in the closing days of its existence. The Commission states categorically in its Decision of this case that the United States is "liable under international law " for the acts of sailors on shore leave, and not on duty, but gives no explanation of the principles of international law" which it considered to

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be applicable to the case and cites no precedent decision. One is therefore left to conjecture with respect to the line of reasoning leading to this conclusion. These decisions should not, therefore, be relied upon as precedents since they do not appear to be in harmony with the fairly wellrecognized principle applicable in this class of cases.

CLAIM

on behalf of

FRANCISCO AND GREGORIO

CASTAÑEDA, AND JOSÉ DE LEÓN R.

DOCKET REGISTRY NO. 20

Syllabus

The collision of a sailing vessel and a steamship resulting from such a change of course by the former as is considered "unlawful " under articles 20 and 21 of the International Rules of Navigation and the disregard by it of other provisions of the rules in question, precludes it from claiming damages against the steamship, which was free from contributory negligence.

SUMMARY OF FACTS

The Government of Panama presented this claim on behalf of the owners and crew of the sloop Estrella Marina for damages suffered as the result of a collision between that ship and the U.S. destroyer Fulton, on the early morning of July 10, 1931. The Fulton was proceeding from Balboa to San Miguel Bay, and the sloop was following an opposite and generally parallel course, from Garachiné toward Panamá City. The collision occurred at a point just south of the Island of Chepillo. Panama contended that the Fulton was responsible for the collision, and filed certified copies of the record of an investigation made by the Inspector of the Port of Panama and the Chief of the Panamanian Coast Guard Service. defense, the Agent for the United States filed copies of the

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