Wood v. Cunard S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Dibel by D. Gifford Wood against the Cunard Steamship Company, Limited. From a decree awarding insufficient damages, libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Dibel by D. Gifford Wood against the Cunard Steamship Company, Limited. From a decree awarding insufficient damages, libelant appeals. This cause conies here upon appeal from a decree awarding damages to the amount of $100 only for the loss of a trunk and its contents, libelant,, an English school-teacher, came from Liverpool to the United States as a steerage passenger on one of defendant’s steamers. One of his trunks, which it is conceded was delivered to defendant at Liverpool, has never been found.…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). [1] The first question which may be considered is whether an agreement was entered into limiting the amount of recovery to £5. The ticket is in the usual form of so-called passenger’s contract ticket. The face of the ticket contains many provisions. As reproduced in the record on appeal it covers 3½ pages. Upon it in heavy black type are the words ‘‘See Back.” On the back in similar type are the words *294“Notice to Passengers,” followed by seven paragraphs containing various provisions. Among them is the following:
“4 — Neither the shipowner, nor the passage…
2Cases cited8 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Porter v. HildebrandSupreme Court of Pennsylvania · 1850
- Kansas City, Fort Scott & Gulf Railroad v. MorrisonSupreme Court of Kansas · 1886
- Gleason v. Goodrich Transportation Co.Wisconsin Supreme Court · 1873
- Hopkins v. WestcottDistrict Court, S.D. New York · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- K. Chandapillai Seth v. British Overseas Airways Corporation, British Overseas Airways Corporation v. K. Chandapillai SethCourt of Appeals for the First Circuit · 1964
- United States v. AroraDistrict Court, D. Maryland · 1994
- King v. United StatesDistrict Court, D. Colorado · 1968
- Newman v. Clayton F. Summy Co.Court of Appeals for the Second Circuit · 1943
- Hamilton v. Baggage & Omnibus Transfer Co.Oregon Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.