94 F. 885 | 2d Cir. | 1899
On December 2, 1897, the libelants, citizens of the United States, and residents of New Jersey, being at
“(c) The shipowner or agent are not under any circumstances liable for loss, death, injury, or delay to the passenger or his baggage arising from the act of God, the public enemies, fire, robbers, thieves of whatever kind, whether on board the steamer or not, perils of the seas, rivers, or navigation, accidents to or of machinery, boilers, or steam, collisions, strikes, arrest or restraint of princes,, courts of law, rulers, or people, or from any act, neglect, or default of the shipowner’s servants, whether on board the steamer or not, or on board any other vessel belonging to the shipowner. * * * The shipowner will use all reasonable means to send the steamer to sea in a seaworthy state and well found, but does not warrant her seaworthiness, (d) The shipowner or agent shall not under any circumstances -be liable for any loss or delay of or injury to passengers’ baggage carried under this ticket beyond the sum of 250 francs, at which such baggage is hereby valued, unless a bill of lading or receipt be given therefor, and freight paid in advance on the excess value at the rate of one per cent., or its equivalent, in which case the shipowner shall only be responsible according to the terms of the shipowner’s form of cargo bill of lading in use from the port of departure.”
When their baggage was delivered to the company at Antwerp-on December 10th, no statement was made of its value, and no freight was paid on'its excess over 250 francs. The trunks were stowed in the after part of what is known as “No. 2 Upper Steerage Deck.”' Upon the arrival of the steamer in New York, it was discovered that the libelants’ trunks, and' baggage of other passengers, which, with some crates of china, had been stowed there, had been broken to pieces, and the contents of the trunks destroyed by water, dye, and dirt.
1. The first contention of the claimant upon this appeal is that the district judge erred in holding that the claimant was bound to
2. The claimant further contends that it should have the benefit of the provision in the contract of carriage exempting it from liability for the act, neglect, or default of its servants; such stipulation being authorized by the Belgian law. In reply it is sufficient to refer to Worsted Mills v. Knott, 27 C. C. A. 326, 82 Fed. 471, in which a majority of this court held that such a stipulation, being against the public policy of this country, was not enforceable by its courts. We a,re unanimous in the opinion that it cannot be enforced where both parties to the contract are citizens of the United States, and the place of completion of the contract is within this country. We concur also in the conclusion of the district judge that the provisions of the second section of the Harter act as to bills of lading and shipping documente do not apply to passenger tickets.
3. The main contention of the libelants is that the stipulation in the ticket against liability for injury to baggage in excess of the stated value of 250 francs is void, either because it did not'amount to a contract, or because it is contrary to public; policy, or because the sum named (250 francs) is unreasonably small. The same question was discussed by this court in The Majestic, 9 C. C. A. 161, 60 Fed. 624. That decision was reversed by the supreme court (The Majestic, 166 U. S. 375, 17 Sup. Ct. 597) on the ground that the conditions or limitations relied upon in that case “were not included in the contract proper, in terms or by reference”; being printed on the back without any reference in the contract to such indorsement. In
The proposition contended for, that the clause in question provides only for the relief of the “shipowner or agent,” and does not inure to the benefit of the ship itself, which in this suit is called upon to respond only because, as is alleged, the owner did not fully carry out its contract, seems to be without merit. The decree of the district court is affirmed, but, since both sides appealed, without interest or costs.