Stapp v. Italian-American Lines, Inc.

SUGARMAN, District Judge.

Plaintiff commenced an action in this court to recover damages for personal injuries resulting from defendants’ alleged negligence in navigating the S.S. Cristoforo Colombo and the unseaworthiness of that vessel while plaintiff was a passenger thereon.

Defendants’ answer included defences (a) that the action was time barred because not commenced within one year of the date of the alleged injury as required by the contract of passage and (b) that the action was barred by the Italian statute of limitations made applicable by the contract of passage and which defendant…