Legal Opinion
Ætna Insurance v. Bor-Air Freight Co.
Civil Court of the City of New York
Decided December 5, 1972PublishedCited by 2 opinions
1Opinion of the CourtLeonard H. Sandler, J.
Plaintiff, .¿Etna Insurance Company, (¿Etna), subrogee of one Esther Berkey, owner of a certain fur coat and hat, sues Bor-Air Freight Co., Inc. (Bor-Air), an air carrier, for the value of the coat and hat which had been lost in transit while in the possession of Bor-Air. Bor-Air defended on the grounds that (1) neither the plaintiff nor its subrogor had filed a written claim within the 120-day period prescribed in the tariff filed by Bor-Air with the Civil Aeronautics Board (C. A. B.) pursuant to sections 1371 and 1373 of title 49 of the United States Code, and (2) that Bor-Air was released…
2Cases cited15 opinions
- John Lisi, Etc. v. Alitalia-Linee Aeree Italiane, S.P.A.Court of Appeals for the Second Circuit · 1966
- Delphi Frosted Foods Corp. v. Illinois Cent. R. CoCourt of Appeals for the Sixth Circuit · 1951
- Delaware, L. & W. R. Co. v. United StatesDistrict Court, S.D. New York · 1954
- Indemnity Ins. Co. of North America v. Pan American Airways, Inc.District Court, S.D. New York · 1944
- Anita Herman v. Northwest Airlines Inc., and Capital Airlines, Inc.Court of Appeals for the Second Circuit · 1955
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3Cited by2 opinions
- Travel Committee, Inc. v. Pan American World Airways, Inc.Court of Special Appeals of Maryland · 1992
- Life Sciences, Inc. v. Emery Air Freight Corp.District Court of Appeal of Florida · 1977