Luke J. Murray, Respondent, v. The Cunard Steamship Company, Ltd., Appellant, 235 N.Y. 162

Summary

The passenger fell and broker his knee cap while aboard the carrier's vessel. The passenger's ticket stated in bold letters that "this contract ticket" was accepted by the passenger on the condition that in any personal injury action the carrier was provided written notice of the claim within 40 days of debarkment. There was no evidence that the passenger could not provide notice. The court reversed. The court added that steamship passengers scattered all over after the voyage ended, and thus the opportunity to investigate a claim became very difficult as time progressed and the potential for fraud was great. A ticket in the form above-mentioned and issued for a voyage across the ocean was a contract defining the terms of carriage. Acceptance of the ticket gave rise to an implication of assent to its terms. By not reading the ticket, the passenger took his risks. As to the fact that the passenger surrendered the ticket after he boarded the ship, his obligations under the contract were ...