Legal Opinion

Mertens v. Flying Tiger Line, Inc.

Court of Appeals for the Second Circuit

Decided February 16, 1965No. 141, Docket 28690PublishedCited by 65 opinions

1Opinion of the Court

MARSHALL, Circuit Judge.

An action was commenced in the Southern District of New York to recover damages resulting from a death caused by an airplane accident in Japan. Decedent’s parents brought the action in their individual capacity, and the father also acted in a representative capacity as the administrator appointed under New Jersey Law. The owner and operator of the airplane, a Delaware corporation doing business in New York, Flying Tiger Line, Inc., was served in New York and made defendant. Jurisdiction was based on diversity of citizenship, 28 U.S. C. § 1332.

At the outset we are faced…

2Cases cited13 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Babcock v. JacksonNew York Court of Appeals · 1963
  3. Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962
  4. Komlos v. Compagnie Nationale Air FranceCourt of Appeals for the Second Circuit · 1954
  5. Ross v. Pan American Airways, Inc.New York Court of Appeals · 1949

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3Cited by65 opinions

  1. In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1987
  2. John J. Demarines and Doris A. Demarines, Husband and Wife v. Klm Royal Dutch AirlinesCourt of Appeals for the Third Circuit · 1978
  3. In Re Air Disaster at Lockerbie, Scotland on December 21, 1988. Denice H. Rein v. Pan American World Airways Incorporated, in Re Hijacking of Pan American World Airways, Inc. Aircraft at Karachi International Airport, Pakistan on September 5, 1986. Dilip Joshi, Nadya Hussain, Tahra Lodhi, Dilip Parikh, Faraidoon Oshtory v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1991
  4. Edmund J. Smith v. Canadian Pacific Airways, Ltd.Court of Appeals for the Second Circuit · 1971
  5. Martha Eck v. United Arab Airlines, Inc.Court of Appeals for the Second Circuit · 1966

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