Legal Opinion · Dissent

Robert v. Pan American World Airways

Appellate Terms of the Supreme Court of New York

Decided October 13, 1972Published

1DissentMarkowitz, J.

Defendant has been granted summary judgment, in an action to recover the value of a sable jacket stolen from plaintiff’s luggage while checked with defendant, on the ground that plaintiff failed to give the airline timely notice of the loss.

The motion was based on the defense in the answer that the airline had been exonerated from liability under the conditions of the contract between the parties and defendant’s applicable tariff. The moving affidavit puts it thus: “ A’provision of Pan American’s Passenger Rules Tariff on file with the Civil Aeronautics Board mandates that no action shall lie…

2Cases cited10 opinions

  1. The MajesticSupreme Court of the United States · 1897
  2. John Lisi, Etc. v. Alitalia-Linee Aeree Italiane, S.P.A.Court of Appeals for the Second Circuit · 1966
  3. Maibrunn v. Hamburg-American S. S. Co.Court of Appeals for the Second Circuit · 1935
  4. Lisi v. Alitalia-Linee Aeree ItalianeDistrict Court, S.D. New York · 1966
  5. Anita Herman v. Northwest Airlines Inc., and Capital Airlines, Inc.Court of Appeals for the Second Circuit · 1955

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