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BORN v. NORWEGIAN AMERICA LINE, INC.

173 F.Supp. 33 (1959)

Esther A. BORN and Alfred Born, Plaintiffs, v. NORWEGIAN AMERICA LINE, INC., Defendant.

United States District Court S. D. New York.

May 20, 1959.

Attorney(s) appearing for the Case

Sargent & Sand, New York City, Edward E. Kaufman, New York City, of counsel, for plaintiffs.

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

WEINFELD, District Judge.

The defendant, a Norwegian steamship line, moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on the ground that the action is time barred since it was not commenced within one year after its accrual as required by a provision in a passage ticket.1

The facts are not in dispute. The plaintiff was injured on December 17, 1954...

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