JOHNSON v. SWEDISH TRANSATLANTIC LINES (REDERIAKTIEBOLAGET TRANSATLANTIC)

No. 69 Civ. 1369.

368 F.Supp. 612 (1974)

Otto L. JOHNSON, Plaintiff, v. SWEDISH TRANSATLANTIC LINES (REDERIAKTIEBOLAGET TRANSATLANTIC), et al., Defendants.

United States District Court, S. D. New York, Civil Division.

January 7, 1974.


Attorney(s) appearing for the Case

Paul C. Matthews, New York City, for plaintiff.

Haight, Gardner, Poor & Havens, New York City by Francis X. Byrn, New York City, of counsel, for defendants.


OPINION

WHITMAN KNAPP, District Judge.

Defendant moves for summary judgment on the ground that plaintiff's action to recover for injuries suffered while a passenger aboard defendant's ship is time-barred under Clause 22 of the standard-form contract signed by plaintiff when he paid for his ticket. Plaintiff concedes that the action was not brought within one year from the accident, as required by the contractual provision, but asserts that the clause is...

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