Lee v. Swedish American Line

S.D. New York

Lee v. Swedish American Line

6 F. Supp. 342, 1933 U.S. Dist. LEXIS 1029

CourtDistrict Court, S.D. New York

DecidedDecember 21, 1933

StatusPublished

Cited by3 cases

This text of 6 F. Supp. 342 (Lee v. Swedish American Line) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee v. Swedish American Line, 6 F. Supp. 342, 1933 U.S. Dist. LEXIS 1029 (S.D.N.Y. 1933).

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Opinion

COXE, District Judge.

The passage ticket in this ease required notice of claim to be given within forty-five days after death, and that suit be commenced within one year “after the lodging of claim.” These provisions are binding, even though the deceased was a 3 year old infant traveling on her mother’s ticket [The Finland (D. C.) 35 F.(2d) 47]; and, inasmuch as the suit was not commenced until one month and nineteen days after the expiration of the one-year limitation period prescribed in the ticket, the action was barred [Martin v. Royal Mail Steam Packet Co. (D. C.)¹ 1933 A. M. C. 1553, affirmed (C. C. A.) 65 F.(2d) 1919, certiorari denied (October 16, 1933) 54 S. Ct. 88, 78 L. Ed. --]. Neither is it an answer that notice of claim was given within forty-five days after death, as both requirements of the passage ticket must be met before the action can be maintained.

The motion to dismiss is therefore granted.

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COXE, District Judge.

The passage ticket in this ease required notice of claim to be given within forty-five days after death, and that suit be commenced within one year “after the lodging of claim.” These provisions are binding, even though the deceased was a 3 year old infant traveling on her mother’s ticket [The Finland (D. C.) 35 F.(2d) 47]; and, inasmuch as the suit was not commenced until one month and nineteen days after the expiration of the one-year limitation period prescribed in the ticket, the action was barred [Martin v. Royal Mail Steam Packet Co. (D. C.)¹ 1933 A. M. C. 1553, affirmed (C. C. A.) 65 F.(2d) 1919, certiorari denied (October 16, 1933) 54 S. Ct. 88, 78 L. Ed. --]. Neither is it an answer that notice of claim was given within forty-five days after death, as both requirements of the passage ticket must be met before the action can be maintained.

The motion to dismiss is therefore granted.

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Bluebook (online)

6 F. Supp. 342, 1933 U.S. Dist. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-swedish-american-line-nysd-1933.

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