Citation Numbers: 6 F. Supp. 342
Judges: Coxe
Filed Date: 12/21/1933
Status: Precedential
Modified Date: 7/25/2022
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.)
The motion to dismiss is therefore granted.
Jury trial;- no opinion.