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LEWITSKY v. MATSON NAVIGATION COMPANY

134 F.Supp. 441 (1955)

Ralph LEWITSKY, Plaintiff, v. MATSON NAVIGATION COMPANY, Inc., Defendant.

United States District Court S. D. New York.

January 3, 1955.

Attorney(s) appearing for the Case

Sol. A. Herzog, New York City, for plaintiff.

Haight, Deming, Gardner, Poor & Havens, New York City (Francis X. Byrn, James M. Estabrook, New York City, of counsel), for defendant.

THOMAS F. MURPHY, District Judge.

This is a motion by defendant for summary judgment under Rule 56, Fed.Rules Civ.Proced., 28 U.S.C.A. The action is one for injuries allegedly sustained through defendant's negligence while plaintiff was a passenger on one of its vessels. The ground for this motion is that plaintiff is barred by contractual provision limiting the carrier's liability to suits "commenced within one (1) year from the day when the death or injury occurred...

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