Lee v. Swedish American Line ( 1933 )

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.

1 Jury trial;- no opinion.