AXELROD v. INCRES LINE AGENCY, INC.


243 F.Supp. 149 (1964)

Anita AXELROD and Alfred Axelrod, Plaintiffs, v. INCRES LINE AGENCY, INC., Barber Steamship Lines, Inc., Henriksen Dongfin and Kerr Steamship Co., Inc., and Incres Steamship Co., Ltd., Defendants.

United States District Court S. D. New York.

September 2, 1964.


Attorney(s) appearing for the Case

Goldstein & Sterenfeld, New York City, Harvey Goldstein, New York City, of counsel, for plaintiffs.

Kirlin, Campbell & Keating, New York City, for defendants.


McGOHEY, District Judge.

The defendant Incres Steamship Co., Ltd. moves pursuant to Rule 56(b) of the Federal Rules of Civil Procedure for summary judgment in its favor on the ground that the action against it is time-barred by a provision of the contract of passage which called for the commencement of any action for personal injuries by the ticket holders within one year from the date of injury.

The plaintiffs were passengers on the S.S. NASSAU when, on February...

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