Catherine E. MacDonald v. Air Canada

ALDRICH, Chief Judge.

This is an action in two counts brought by plaintiff, an arriving international passenger on defendant airline, for injuries sustained by a fall while awaiting her suitcase in the baggage area. Essentially, she claims negligence, or, in the alternative, liability without fault under the provisions of the Warsaw Convention, 49 Stat. 3000 (1934), as modified in accordance with the so-called Montreal Agreement, 31 Fed.Reg. 7302 (1966). The court directed a verdict for the defendant, and plaintiff appeals.

The facts, insofar as they were developed at trial, are undisputed.…