Geller v. Holland-America Line
Decision Date | 15 May 1961 |
Citation | 201 F. Supp. 508 |
Parties | Max GELLER and Anne Geller, Plaintiffs, v. HOLLAND-AMERICA LINE, Defendant. |
Court | U.S. District Court — Southern District of New York |
Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for plaintiffs.
Burlingham, Hupper & Kennedy, New York City, for defendant.
This is a motion by defendant for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. The action is one for personal injuries sustained by plaintiff, Anne Geller, on December 17, 1958 while she and her husband were passengers on defendant's vessel "STATENDAM". Max Geller, her husband, is suing for medical expenses and loss of services.
Defendant alleges that plaintiffs' claims are time-barred by the one year limitation provision in their passage contract. There seems to be no dispute over the fact that this suit was instituted over 18 months after the alleged accident occurred. Nor is there any dispute that plaintiff, Anne Geller, received the ticket for the cruise from Levine's Ellenville Agency at least one week before the cruise began. This ticket consisted of 25 paragraphs in small print, entitled "Terms of Passage Contract" and a "box" which contained the names of the passengers, their address, the amount of the fare, the type of accommodations and where the vessel was departing from. This "box" was entitled "Cruise Passage Contract" and also contained the legend "Subject to the TERMS OF PASSAGE CONTRACT printed on the face hereof and continued overleaf, which terms are made a part of this contract." Beneath this legend is the date and place issued and a place for the signature of the issuing agent, which was both typed in and signed.
Defendant relies on paragraph 12 of the ticket, or Cruise Passage Contract, which states:
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