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Abstract

Libelant through an agent purchased a steamship ticket to the West Indies. Neither libelant nor his agent had actual knowledge of a stipulation on the back of the ticket which required passengers to lodge a written notice of any claim against the steamship company within thirty days after termination of the voyage. All passengers were required to sign their tickets, but libelant failed to do so until the day after the cruise began. The district court dismissed a suit for personal injuries suffered while aboard the ship because of noncompliance with the limitation of the ticket. Held on appeal, reversing the district court, the stipulation requiring notice was not part of the contract between the passenger and the carrier. The entire contract was contained in the "box" on the left hand side of the ticket stating the price paid and the itinerary. Such contract was complete at the time the passenger embarked and could not be changed by the signature subsequently affixed to the ticket since that was without consideration. The Kungsholm, (C. C. A. 2d, 1936) 86 F. (2d) 703.

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