Nature of the Case
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Facts
On September 9, 1949, Compass Travel Bureau, Inc., Cunard's (D) New York agent, issued to P and Eva Siegelman a document describing itself as a 'Contract Ticket.' The Ticket was for passage from New York to Cherbourg on the Queen Elizabeth. Twenty-two 'terms and conditions,' were printed in black. Printed in red in heavier type was a notice directing the attention of passengers to these 'terms and conditions.' The ticket’s terms specifically stated that no injury actions could be brought after one year following the injury, that any waiver was to be made in writing and signed by designated officials, and that English contract law governed the interpretation of the contract. On September 24, 1949, when the Queen Elizabeth had been at sea four days, Eva was injured. While she was seated in a dining room chair, she and the chair were overthrown. Her chair was alleged to be the only one in the dining room which was not bolted to the floor. Upon returning to New York, P retained an attorney to prosecute their claim against D. On August 31, 1950, after D's doctor had examined Eva, D offered $800, the approximate amount of medical expenses stated to have been incurred. P’s lawyer clearly noticed the terms of the ticket required any claim to be made in one year. Swaine, a claim agent of D when asked said to have stated that no suit was necessary, that the filing of an action would be futile in view of the prospect of early settlement, and that D's offer would stand open. Eva died. Then, on January 4, 1951, P withdrew its offer, which had not yet been accepted, stating that it could not be tendered to any one other than the injured party. On December 14, 1951, P sued D, claiming on behalf of the deceased damages for pain and medical expenses, and on behalf of her husband, damages for other medical expenses and loss of consort. D raised in part the defense of P's failure to bring the action within a year of the date the injury was suffered. D moved to dismiss the action. The court granted the motion. P appealed.
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