Edmund J. Smith v. Canadian Pacific Airways, Ltd.

OAKES, Circuit Judge:

This appeal relates to the Warsaw Convention, Article 28. 1 Action was commenced in the Southern District of New York by appellee, Edmund J. Smith, a merchant seaman employed aboard American flag vessels operating out of Japan, against appellant, Canadian Pacific Airways, Ltd., a Canadian corporation engaged in the business of transporting passengers by air. Appellee seeks to recover damages for personal injuries allegedly suffered on August 16, 1968, during a flight from Vancouver, British Columbia, Canada, to Tokyo, Japan, on a Canadian Pacific aircraft. The flight…