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SCHWARTZ v. S.S. NASSAU

No. 355, Docket 28731.

345 F.2d 465 (1965)

Mary A. SCHWARTZ, as Executrix under the Last Will and Testament of Samuel H. Schwartz, deceased, Libelant-Appellant, v. S.S. NASSAU, her engines, etc. and Incres Steamship Company, Ltd., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 7, 1965.

Rehearing Denied June 7, 1965.

Attorney(s) appearing for the Case

Herbert Lebovici, New York City, Lebovici & Safir, New York City (Harold D. Safir, New York City, of counsel), for appellant.

Ralph C. Kreimer, New York City (Kirlin, Campbell & Keating, Daniel J. Dougherty, New York City, of counsel), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

The only issue presented by this appeal is whether a clause in the contract of passage between passenger and shipowner requiring that an action for wrongful death be "commenced and process served * * * within one (1) year from the date when the death * * occurred" is invalid under Section 4283A of the Revised Statutes which makes unlawful maritime contract provisions which provide for "a shorter period * * * for the institution of...

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