Legal Opinion

Berner v. United Airlines, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1956PublishedCited by 16 opinions

1Opinion of the CourtBergan, J.

The Warsaw Convention governing international airline traffic was approved by the United States Senate in 1934 and proclaimed October 29 of that year (49 U. S. Stat. 3000 et seq.). Australia was one of the signatories of the Convention.

Article 28 of the Convention provides that “ An action for damages ” must be brought “ in the territory of one of the High' Contracting Parties ” either “ before the court of” the principal place of business of “ the carrier ” or where the carrier “ has a place of business through which the contract has been made, or before the court at the place of…

2Cases cited6 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  3. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
  4. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  5. Holzer v. . Dodge BrothersNew York Court of Appeals · 1922

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Martha Eck v. United Arab Airlines, Inc.Court of Appeals for the Second Circuit · 1966
  2. Aquascutum of London, Inc. v. S.S. American ChampionCourt of Appeals for the Second Circuit · 1970
  3. Berner v. British Commonwealth Pacific Airlines, Ltd.Court of Appeals for the Second Circuit · 1965
  4. Ciprari v. Servicos Aereos Cruzeiro Do Sul, SA (Cruzeiro)District Court, S.D. New York · 1964
  5. Maryland Tuna Corp. v. MS BenaresCourt of Appeals for the Second Circuit · 1970

11 more not listed; retrieve them via the Exa API.

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