McCaffrey v. Cunard Steamship Company

WALSH, District Judge.

This is an action for personal injuries sustained by plaintiff while a passenger on board defendant’s ship Mauretania. Defendant has moved for summary judgment dismissing the complaint as time-barred under the terms of its contract with plaintiff. The motion is denied. It cannot be held that, as a matter of law, the clause on the back of plaintiff’s ticket which purported to limit the time within which her action could be brought was part of the contract between the parties.

Plaintiff, in Ireland, purchased a westbound ticket for her passage. In the lower right-hand…