The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-30
coNrRAcrs on srrxrsnp rrorErs.
Passengers Are Net nsusa ~ Then Uste-s
They are nreaEht 90 Their Mefiee.

Tney are hfFeaxht 10 Ehefr No0ces
WASHINGTON, March 2s.-Flne-type provi-
sions In ocean passenger contracts must be
brought directly to the notice Of passengers II
the steamship companies desire to avail them
selvess of their benefit. This In the unanimous
conclusion Of the Supreme Court as announced
to-day by Chief Justice Fuller. The case at bar
was that of Grace Howard Potter ct al. laugh
ters Of Howard Potter of New York, and their
maid versus tho Oceanic Steamship Company.
The ladies travelled on the steamer Majestic
from Liverpool TO New York in January. 1892.
On the voyage the hold was flooded with sea
water through a broken port hole and their bag
gage damaged to the amount Of 81 300. For this
amount . libel was laid against the steamer in
the Federal Court for the Southern district OF
New York. The steamship company set up in de-
fence tho provisions in fine type on the contract
for transportation or ticket issued for the pas
sage. By the terms OF these the company ro-
nounoed liability for damages from perils OF the
sea or the act of God. and In any event the
liability was limited to ESQ.
The evidence showed hat neither Mr.. Potter.
had re eSSdf The p pro a nUf s ssG It yHuns an i1 ENG.
nsh contract, the Chief Justice said II could not
Be held as = matter OF lay that the purchaser
taken reasonable precautions to bring them to
the notice Of the passensers. Whether or not
the court said there was no evidence introduced
to show that the accident. IL 1t was such, could
prudence. The Judgment OF the District Court
against the steamship company for $500 was
affirmed.
The case which was decided yesterday by tho
decision Of the supreme Court was the result Of
an accident in 1885, on the White Star steam
to Miss Potter was ruined. Mr.. Howard Potter.
tina, were passengers on the Majestic on the
trip that ended at this port on Jan. %, 1892.
The ssssn trunks run belonging H 70 the I. young ladies
slowed.
There being lack Of room on the steamer. tho
trunks, instead Of being slowed in the hold, were
placed in compartment No. 8 on the orlop deck.
The basgage on being examined on its arrival in
New York was found to have been damaged by
the salt water which had como in through .
broken skylight. some new Paris clothing was
their maid. The Potters valued their own cloth.
ing at 2,52o;oo and their maid at Eos.
co MIR; p9t ss rs srSpsht ts suit H IA ss, the s steamship ,1SadS
In the United States District Court before Judge
Brown. Tho case was decided in Mr.. Potters
pie were ordered to pay the full amount Of dam
ayes with costs.
It was commended at the trial by the White
Star Company that the responsibility of a ship Is
of passengers tickets. which exclude liability
for perils of the sea or for any negligence in the
navigation OF the steamer and all liability for
passengers. luggage beyond 2l0. unless the ex-
paid at current rates. No such declaration or
payment was made in this case.
Judge Brown held that such notices, simply
indorsed upon the back OF the ticket, but not
referred to in the contract nor called to the pas
sengers' attention, formed NO part OF the con-
Ibollants nor was their attention called to
them. The White Star Company appealed the
case to the Supreme Court Of the United states
sengers' tickets for the White Star line.