Legal Opinion

Rodriguez v. American Airlines, Inc.

District Court, D. Puerto Rico

Decided February 8, 1974No. Civ. No. 869-71Published

1Opinion of the Court

OPINION AND ORDER

TOLEDO, Chief Judge.

This diversity action is before this Court pursuant to defendant’s motion for summary judgment, wherein it is alleged that there is no genuine issue as to any material fact, and that it is entitled to a judgment as a matter of law.

*79The decisive issue before the Court is whether plaintiff’s complaint can stand, notwithstanding the Passenger Tariff of defendant approved by the Civil Aeronautics Board. This tariff includes a provision which deals with the acceptance of children for transportation. Rule 25 of the Tariff reads as follows:

“.25 ACCEPTANCE OF…

2Cases cited28 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. United States Navigation Co. v. Cunard Steamship Co.Supreme Court of the United States · 1932
  3. Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
  4. Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1956
  5. Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918

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