Furmanik v. Northeast Airlines, Inc.

Appellant, plaintiff, below, appeals from the entry of a summary judgment in favor of the defendant airline. The action was based on the death of two greyhound racing dogs; negligence and breach of contract were alleged.

Due to a delay in take off from the airport both dogs suffocated. They had been shipped, and appropriate payment made under a “no value declared” airbill. The plaintiff took the position that contracts relieving a carrier from liability caused by its negligence were void as a matter of public policy.

The defendant asserted that regardless of the question of negligence the…