The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1902-01-08
SUPREME COURT DECISION
JUSTICE WHITE SAYS THAT STEAM NJ
SNIP LINES CANNOT LIMIT Loss.

Declares That They Are Responsible fol
full Amount of Dnmage-Attorney
James ID. Dewell, Jr., Discusses the
Decision and Says That 1t Will I'm
doubtedIy Settls Another Important
Question.
Travellers i'll this city and, in fact,
everywhere win read with interest the
decision delivered in the United States
supreme court Monday by Justice
White to the effect that a steamship
company whose business extends to
the United States cannot bind citizens
of this country by printed regulations
on passage tickets which such regula-
ttons are contrary to the policy Of the
United States. The decision holds that
the steamship lines are responsible for
full amount of damage and that they
cannot escape liability for actual loss.
James d. DeWell, Jr., one of New
Ravens most prominent admiralty
lawyers, was interviewed on the de-
cision yesterday afternoon and he said
that there was another point that the
supreme court decision would I'M
doubtedly settle and that was in regard
to the stipulations on tickets that all
disputes and difficulties must be set
tied according to the law of the port
from which vessel sails, when one or
both of the parties are citizens of the
United States and the place of the COM
pletion of the contract is in the United
States. He said that the law of the
United States must prevail if any dis
pute arises over the contract, that is if
the laws of the country named in the
stipulations are at all repugnant to the
laws of the United States.
Mr.. DeWell reviewed the case upon
which the decision was given Monday.
1t was that of Lizzie S. and Elsie L.
Blocker, wife and daghter Of Com
mander Blocker, u. S. N, who pur-
chased in Paris passage ticket on the
steamship Kensington of the Interna-
tional Navigation Line. This ticket
contained the provision limiting the
Aldolllty VI llIG StGdlliSl lOl llltlI UdS-
gage, If lost or destroyed, to $50 each
The case started before Judge Brown
in July, 1898, and a decision given by
him limited the libellants for recovery
of more than $50. In this case the
stipulations were printed on the face Of |
the ticket and not in small print on
the back of the ticket, as was the case
in the suit brought by the Misses Pot |
ter against the Majestic in 1898. 1t |
was taken to the court of appeals in |
May, 1892 and Judge Lacombe gave a |
decision affirming Judge Browns de-
cision, as found in 166 q. s. p 375. The
case was then taken to the supreme
court and the decision was given ASH
stated above. In a heavy storm the
baggage of the Bleekers was practical
ly destroyed and they brought suit to
recover it's full value. The company
set up the defense that the acceptance
Of the tickets with the exemption clause +
contract without the at
tention of the passenger being called to
it. This view was taken by the lower
courts. but the supreme court holds
that there is no doubt that the condi-
tion OF the ticket as regards exernp-
the United States on that subject, the
opinion says. was dominant and con-
trolled. and it was incompetent to in
sert such conditions.
Mr. Dewell cited the case of the
Misses Potter against the steamship
Majestic. This was to recover about
$4,000 on baggage damaged on a trip
from Liverpool to the United States.
In 1898 the case was heard before Judge
Brown and he rendered a decision in
favor of the libellants to recover full
damages. In 1894 the case was taken
o the circuit court OF appeals and
Judge Shipman decided for the libel
ants to recover damages of not over
$50 according to the contract on the
back of the ticket, The matter was
hen taken to the supreme court and
chief Justice Fuller affirmed the de-
ision of Judge Brown, setting aside the
rider received from the court of ap-
,eals.
The last monthly shoot for the sea-