The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-16
cornoN cArRIERR LrAsILIrE
TIE Mise. Peters suit Arsisst the Waite
star &c. FOE nsssss 90 Property.


TIE misses Potter's suit Arsisst the waite
star &c. foe nasaEs 60 Property.
An important decision has Just been rem
dersd in the UnItsd States Circuit Court By
Judge shipmsn touching the liabilities OF a
steamship company and common carriers
generally for the baggage OF passengers that
may be damaged In transit through no fault
Of the passenger The decision is Of interest
to all persons who may travel abroad.
II vss in the case OF Miss Grace Howard
Potter and her sister. Miss Bertha Potter.
They we're passengers on the White Star
steamship Majestic. from Liverpool. in Janu-
AIRY. 1882. Their baggage was stored in a
forward com partment in the ship. and ON the
way over the Rlaso in the portfolios OF that
compartment was smashed and the salt water
got in and damaged the baggage OF the Misses
Potter. They got a judgment for S2.S24 in
the United States District Court. and the case
came before the Circuit Court on appeal BY the
White star company. The company claimed
Immunity. under the ordinary ticket con-
tract from liability to q greater amount
than $40. Everybody who has ever rid
den on railroads trains or steamships is
more or less familiar with the condition.
company disclaims liability and 1t has been
generally understood that these conditions
pecially in a case where neglect on the part OF
the com pany was shown.
The tickets on which the Misses Potter trsv-
elled were purchased in England by the father
OF the young ladies. who is himself frequent
ON the to ss sSun the the
so@e this w fS bns against
held that the fact that the steamship did not
slow no while passing through this wreckage
con stituted an act OF negligence. Judge Ship
man reversed that opinion. and held that the
meeting OF the wreckage came under the
peril Of the sea" clause OF all carrying con-
lit was an unanticipated peril Of the sea"
he said. =" II such an injury could have been
been slackened. but It Is apparent that the in
jury was Of such an extraordinary character
to avoid It would not naturally have occurred
Therefore the neglect being dismissed. the
Judge says the questions in the case which are
OF general i'm portance arise upon alleged limi-
tatons Of the carriers liability which are e1-
:. lie fnds that the tickets were purchased IN
England that they were maritime contracts;
poTtant to the case is Contained in that part OF
the notice to cabin passengers printed on the
and valua6ies. At the bottom OF the face OF
the ticket are the words n sonspicuous hIaSs.
sds ss esFH This @ @
ths following conditions" seven OF these foi;
low Judge Shipmen fnds that Nos 3. 4. andI
bear on the case. No. . reads:
Neither I'll. ship the passage broker nor agent
IL Responsible the loss Jury the passenger or
sII.ins from latent defect. IN tue steamer her ma
% sS.@iss psti: OF II. e. OF rivers. fs..at
% prince, rnt, ana p.Sse ess n b, negligence
The fourth condition Is:
Neither the ship owner ner the passenger agent in
any liable for the loss ot injury to or delay in
sensrr beyond tue amount OF fO unless tn. value of
fore the i..S. Of tGs Contract stst and ireish.
current rates for every kind OF property except pie
stAtMary.
which percentage will be charged Is paid.
The last condition is that all questions aris-
Ing on the ticket shall be decided according to
the English law with reference to which that
Judge shipman finds that neither Mr.. How
who purchased the tickets. nor either Of the
ladies. Sead this notice ON the back OF the
tickets. or knew it's contents and that no dec
laration OF the extraordinary value OF their
property had been made. as was required I'M
der the fourth condition.
length. lie objects to the contract and con:
ditions because they were clunsily drawn and
s S tae
were binding. provided they were brought to
knowledge aud attention OF the purchaser they
BE P 3D. hs% nd Re NO: sSd
contract were read 20 M Peter whsH he pur.
slon some time before they were used he had
hsvs dSns s HE % sS
opportunity TO look up the law and ind lust
6Sw isI he company SSsa !. 9sl3 Iiaf: IL
SAYS. this regulation Was distinctly brought
to the knowledYe q NJ. Potter. -
turned. with instruction that the damage
awarded to each OF the Misses Potter be re-