Geller v. Holland-America Line

CASHIN, District Judge.

This is a motion by defendant for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action is one for personal injuries sustained by plaintiff, Anne Geller, on December 17, 1958 while she and her husband were passengers on defendant’s vessel “STATENDAM”. Max Geller, her husband, is suing for medical expenses and loss of services.

Defendant alleges that plaintiffs’ claims are time-barred by the one year limitation provision in their passage contract. There seems to be no dispute over the fact that this suit was instituted over 18…