Logourl black
From our private database of 14,000+ case briefs...

Siegelman v. Cunard White Star Ltd.

United States Court of Appeals for the Second Circuit
221 F.2d 189 (1955)


Facts

Elias Siegelman (plaintiff) and his wife, Eva took passage from New York to Cherbourg, France aboard the Queen Elizabeth, a vessel of Cunard White Star Ltd. (Cunard) (defendant). During the trip, Mrs. Siegelman was injured. She later died. The Siegelmans’ ticket on the Queen Elizabeth specified that (1) no injury actions could be brought after one year following the injury, (2) any waiver was to be made in writing and signed by designated officials, and (3) all questions regarding the “contract ticket” were to be governed by “English law with reference to which [the contract was] made.” Eleven months after Mrs. Siegelman’s injury, a Cunard agent offered $800 in settlement. Siegelman’s attorney informed the agent that notwithstanding the offer, Siegelman would institute suit against Cunard prior to expiration of the one-year limitations period. The agent told the attorney that no action need be filed and that the offer would remain open. The one-year period expired without the filing of a suit or acceptance of the offer. Three months later, Cunard revoked the offer. Eleven months after that, Siegelman sued Cunard in federal district court on behalf of himself and as administrator of his wife’s estate. The complaint was dismissed on the grounds that the contract’s time bar applied and that the agent had not waived it. Siegelman appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Harlan, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Frank, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.