EDITH LOOMIS, APPELLANT,
v.
SS SANTA ROSA, HER ENGINES, BOILERS, MACHINERY, TACKLE, APPAREL AND APPURTENANCES, ETC., AND HAMBURG-SUDAMERIKANISCHE DAMPFSCHIFFAHRTS-GESELLSCHAFT EGGERT & AMSINCK, APPELLEES
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The court held that the contractual time limitation clause in the passenger ticket did not apply to the in rem claim against the vessel, and therefore dismissal of that claim was error.
Plaintiff was injured when she fell from a gangway while disembarking from a vessel. Her ticket contained a clause limiting the time to bring suit to …
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We hold that the contractual provision in question is inapplicable to Mrs. Loom-is’ in rem claim and that it was therefore error to dismiss that claim.
It is unnecessary to reach the other arguments on this appeal as the secured stipulation by the parties to release the vessel from seizure is in an amount double the damages Mrs. Loomis was found to have suffered.
The judgment is reversed and the cause is remanded with directions to enter judgment for plaintiff in the amount of twenty-five thousand dollars, with interest thereon from November 20, 1969.
PER CURIAM
The panel as constituted has voted to deny the petition for rehearing and to reject the suggestion for a rehearing in banc.
The full court has been advised of the suggestion for an in banc hearing, and no judge of the court has requested a vote on the suggestion for rehearing in banc. Fed.R.App.P. 35(b).
The petition for rehearing is denied and the suggestion for a rehearing in banc is rejected.
. Appellees do not argue that paragraph 1 stating in part that “the relations between Carrier, vessel, and passengers shall be governed by and are subject to all terms stated herein” lias a comparable effect.
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Citator
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- THE Monrosa v. Carbon Black Exp., Inc., 359 U.S. 180 (U.S. 1959)
- Ciro Silvestri v. Italia Societa PER Azioni DI Navigazione, 388 F.2d 11 (2d Cir. 1968)