Mulvihill v. Furness, Withy & Co.

HERLANDS, District Judge.

The question of the validity of a time limitation-of-liability clause in a steamship ticket is presented by this motion for summary judgment by defendant.

Plaintiff, an American citizen and a New York resident, brought a civil action on April 14, 1955 against defendant, a British corporation. Defendant owns, operates and controls a vessel, the S.S. Ocean Monarch, which is registered under the laws of the United Kingdom of Great Britain.

The complaint alleges that plaintiff, while a passenger on defendant’s vessel, was injured by a fall when a defective wooden reclining…