Drozinski v. Hamburg-American Line
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. The proof showed that the plaintiff was an inexperienced foreigner; could not speak the German language; that the contract attempting to limit liability was in the German language; that she did not see it, could not read it and could not understand it and did not sign it, and the limitations were on the reverse side, and not on the side which a passenger would ordinarily look at.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. The proof showed that the plaintiff was an inexperienced foreigner; could not speak the German language; that the contract attempting to limit liability was in the German language; that she did not see it, could not read it and could not understand it and did not sign it, and the limitations were on the reverse side, and not on the side which a passenger would ordinarily look at. She was not hound hy a stipulation entered into under such circumstances. Engberman v. North German Lloyd S. S. Co., 84 N. T. S. 201; Railroad…
1Opinion of the CourtAllen, J.
This is a suit to recover the value of certain personal property which, it is alleged, defendant, as a common carrier, undertook and agreed to safely transport, as baggage, and deliver to plaintiff, in consideration of the fare or passage money paid it for the transportation of plaintiff and her three minor children, together with plaintiff’s baggage, from a point in Germany to St. Louis, Missouri. It is averred that the particular parcel of baggage in controversy was not delivered to plaintiff, but was lost. And it is alleged to have contained a large number of articles, worth in the…
2Cases cited3 opinions
- Aiken v. Wabash Railroad Co.Missouri Court of Appeals · 1899
- Drey & Kahn Glass Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1911
- Engberman v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1903