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WIENER v. COMPAGNIE GENERALE TRANSATLANTIQUE

No. 52.

61 F.2d 893 (1932)

WIENER v. COMPAGNIE GENERALE TRANSATLANTIQUE.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied December 5, 1932.

Attorney(s) appearing for the Case

Proskauer, Rose & Paskus, of New York City (J. Alvin Van Bergh and Alfred Appel, both of New York City, of counsel), for appellant.

Haight, Smith, Griffin & Deming of New York City (Wharton Poor and James McKown, Jr., both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff was a passenger on the French Line steamship Ile de France sailing from New York to Havre on April 7, 1928. He purchased and paid for his passenger ticket for Havre through an agent of the line, and sent three trunks for shipment to the pier. The day the vessel was to sail, he went down to the pier and saw a man seated at a desk. He asked this man whether he would check the trunks to Paris, and was told that he would...

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