Glusman v. United States Lines Co.

In this shipboard negligence action brought by a passenger against the owner of a transatlantic vessel, defendant moves for summary judgment under rule 113 of the Rules of Civil Practice on the ground that the action was not commenced within the time limited by contract between the parties. In opposition plaintiff asserts the invalidity of the limitation provision as being contrary to Federal law.

Plaintiff was injured during a voyage while the ship was at sea. The action was not instituted until 29 months after the occurrence. The contract of passage provides that “ suit * * * shall not be…