Baer v. North German Lloyd, 203.
| Decision Date | 13 February 1934 |
| Docket Number | No. 203.,203. |
| Citation | 69 F.2d 88 |
| Parties | BAER et al. v. NORTH GERMAN LLOYD. |
| Court | U.S. Court of Appeals — Second Circuit |
M. N. Schleider, of New York City (Jay Leo Rothschild and Louis Rivkin, both of New York City, of counsel), for appellants.
Alfred W. Andrews, of New York City (G. Everett Hunt, of New York City, of counsel), for appellee.
Before L. HAND, SWAN, and CHASE, Circuit Judges.
The plaintiff and her husband, who died after this suit was brought and as to whom it has abated, were residents of New York and were in Germany in the spring of 1930. They returned to New York in April on the steamship Bremen of the defendant. On March 19th, the husband purchased of the defendant's agent either at Dresden or Berlin a ticket for their passage. The plaintiff was with him at the time and helped select their cabin but did not receive or read the ticket then or later. There was no evidence that the husband read it either. After they were aboard ship it was taken up in due course.
The plaintiff attempted to prove by her own testimony that only what may be called the ticket proper was delivered to her husband. This was a long piece of paper which was the signed agreement of the defendant to provide the designated accommodations for them on a named voyage of the ship from Bremen to New York and included a receipt showing the payment of the passage money. It is clear, however, that the plaintiff had little real knowledge of what was in fact delivered to her husband when he bought the ticket. It was stipulated that officials of the defendant would testify if called that the standard form of such a ticket as the plaintiff's husband purchased included the piece of paper, which has been mentioned as the ticket proper, as part of a larger piece of paper on which certain conditions were printed both in English and in German on the front and on the back. Between the ticket proper and the remainder of the paper, a row of perforations ran from top to bottom. The court refused to allow the jury to decide as a question of fact whether or not the ticket proper was detached from the remainder of the paper at the perforations and only the former delivered to the plaintiff's husband. In this we think the judge was clearly right. The regular ticket issued by the defendant for such a passage was purchased, and in the ordinary course the standard form would have been delivered. The evidence of the plaintiff went only to show that she was standing beside her husband and saw him receive a long paper. When asked to tell what she saw she answered: "I just saw the number of the stateroom and what deck we were on." She only noticed one piece, and could not remember whether it was folded. Such evidence was proof only that the plaintiff had no real knowledge of just what was delivered to her husband and quite insufficient to show even prima facie that he did not receive the defendant's standard form ticket.
The serious question on this appeal is how far the plaintiff is bound by the conditions printed on that part of the standard form which was attached to the ticket proper. None of the conditions printed on the face of it are here involved. The action of the court in dismissing the complaint was based wholly on the failure of the plaintiff to comply with conditions appearing on the back. The German text on the face, broken in the middle...
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McQuillan v. " ITALIA" SOCIETA PER AZIONE DI NAVIGAZIONE
...1906); The Minnetonka, 146 F. 509 (2d Cir. 1906); Smith v. North German Lloyd S.S. Co., 151 F. 222 (2d Cir. 1907); Baer v. North German Lloyd, 69 F.2d 88 (2d Cir. 1934); Maibrunn v. Hamburg-American S.S. Co., 77 F.2d 304 (2d Cir. 1935); Bellocchio v. Italia Flotte Riunite, 84 F.2d 975 (2d C......
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...the eminence of its authorship the Murray opinion did not at first have an enthusiastic reception in this court. Baer v. North German Lloyd, 69 F.2d 88 (2 Cir. 1934), involved a ticket which apparently referred to the conditions only in a heading located below the filled-in section. Pointin......
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...developed from the rule in The Majestic, 1897, 166 U.S. 375, 17 S.Ct. 597, 41 L.Ed. 1039, by such cases as Baer v. North German Lloyd, 2 Cir., 1934, 69 F.2d 88; The Leviathan, 2 Cir., 1934, 72 F.2d 286; Maibrunn v. Hamburg-American S.S. Co., 2 Cir., 1935, 77 F.2d 304; Bellocchio v. Italia F......
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Chapter § 3.02 CRUISE SHIPS
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