Marion J. Berguido, Individually v. Eastern Air Lines, Incorporated
Court of Appeals for the Third Circuit
Kalodner, Circuit Judge, dissented from denial of petition for rehearing.
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
This is a wrongful death action brought, individually and as executors of the estate of the deceased, Carlos Berguido, Jr., against Eastern Air Lines. Decedent was a passenger for hire on an Eastern Constellation that crashed near Imeson Airport, Jacksonville, Florida in the early morning hours of December 21, 1955.
In giving the case to the jury, the trial court ruled that the rights of the parties were governed by the treaty known as the “Warsaw Convention”, 49 Stat. 3000 (1929), which applies to flights in “international transportation.” 1 The Warsaw Convention…
2Cases cited7 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1950
- Lobel v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1951
- Universal Airline, Inc. v. Eastern Air Lines, Inc.Court of Appeals for the D.C. Circuit · 1951
- Gordon v. Robinson (Gordon, Third-Party Defendant)Court of Appeals for the Third Circuit · 1954
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3Cited by52 opinions
- In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
- American Airlines, Inc. v. United States of America and Sara Ann Creasy, Sara Ann Creasy v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Protectus Alpha Navigation Co., Ltd. v. North Pacific Grain Growers, Inc.Court of Appeals for the Ninth Circuit · 1985
- Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1981
- Floyd v. Eastern Airlines, Inc.Court of Appeals for the Eleventh Circuit · 1989
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