Legal Opinion

Schwartz v. S.S. Nassau

Court of Appeals for the Second Circuit

Decided May 7, 1965No. 355, Docket 28731PublishedCited by 14 opinions

1Opinion of the Court

HAYS, Circuit Judge:

The only issue presented by this appeal is whether a clause in the contract of passage between passenger and shipowner requiring that an action for wrongful death be “commenced and process served * * * within one (1) year from the date when the death * * occurred” is invalid under Section 4283A of the Revised Statutes which makes unlawful maritime contract provisions which provide for “a shorter period * * * for the institution of suits on * * * claims [for loss of life or bodily injury] than one year” from the date of injury, or in the case of death, from the appointment…

2Cases cited16 opinions

  1. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  2. Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
  3. Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
  4. Herb v. PitcairnSupreme Court of the United States · 1945
  5. Safeway Stores, Inc. v. Oklahoma Retail Grocers Assn., Inc.Supreme Court of the United States · 1959

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hodes v. S.N.C. Achille Lauro ed Altri-GestioneCourt of Appeals for the Third Circuit · 1988
  2. Sharpe v. West Indian Co., Ltd.District Court, Virgin Islands · 2000
  3. United States v. Earl FoddrellCourt of Appeals for the Second Circuit · 1975
  4. Hodes v. S.N.C. Achille LauroCourt of Appeals for the Third Circuit · 1988
  5. Fred Floyd v. United StatesCourt of Appeals for the Fourth Circuit · 1966

9 more not listed; retrieve them via the Exa API.

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