Smith v. North German Lloyd S. S. Co.
| Decision Date | 10 January 1907 |
| Docket Number | 143. |
| Parties | SMITH v. NORTH GERMAN LLOYD S.S. CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Appeal from the District Court of the United States for the Southern District of New York.
Joseph Larocque, Jr., and Choate, Hanford & Larocque, for appellant.
E. B. Hill and Grant Squires, for appellee.
Before WALLACE, LACOMBE, and COXE, Circuit Judges.
We are unable to distinguish this case from The Majestic, 166 U.S. 375, 17 Sup.Ct. 597, 41 L.Ed. 1039, except that the notice is printed on the front, instead of the back, of the ticket. It is to be observed, however, in the case cited that the 'Cabin Passengers' Contract Ticket' was prefaced by the following statement: 'The Notices to Passengers below, form part of and must appear on each contract ticket. ' Moreover, such 'Notices to Passengers' thus printed below ended (at the foot of the sheet) with the words in bold type, 'See back,' and were continued on the back. That decision in effect holds that, unless the condition relied upon is included in that part of the 'Ticket Contract' which contains the agreement to transport and is signed by the agent of the carrier, it is merely a notice. The notice in this case is on the face of the ticket, but is in the margin and not included in that part of the ticket.
On the question of fact we agree with the District Court.
Decree affirmed, with interest and costs.
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