Killian v. Frontier Airlines

• Citation: 150 F. Supp. 17
• Decision Date: 08 April 1957
• Docket Number: Civ. No. 4034.
• Parties: Jim KILLIAN, Plaintiff, v. FRONTIER AIRLINES, Inc., Defendant.
• Court: U.S. District Court — District of Wyoming

150 F. Supp. 17

Jim KILLIAN, Plaintiff, v. FRONTIER AIRLINES, Inc., Defendant.

Civ. No. 4034.

United States District Court D. Wyoming.

April 8, 1957.

F. K. Dukes, Laramie, Wyo., for plaintiff.

O'Mahoney & Gorrell, Worland, Wyo., for defendant.

KERR, District Judge.

Plaintiff brings this action for the recovery of money judgment in the sum of $88.30. The action was originally filed in the Justice of the Peace Court of Albany County, Wyoming, and removed to this court since the subject of the controversy involved is interstate shipment of air freight, 28 U.S.C.A. § 1337.

The parties will be referred to as they appear in the pleadings.

The facts are not controverted and the matter is submitted to the court upon a stipulation of the facts. I quote from the stipulation, as follows:

"1. That plaintiff upon trial would prove the purchase of flowers in Salt Lake City, Utah, and the arrangement for shipment thereof by defendant to Laramie, Wyoming; that said flowers were unloaded en route at Casper, Wyoming and were not delivered to plaintiff at Laramie; that plaintiff expended the sum of $36.00 for charter flight to Casper from Laramie and return to obtain said flowers, and the sum of $2.50 for phone calls in order to locate the same, all to fulfill his obligations for a funeral on August 8, 1956; that $50.00 is a reasonable value for the work and inconvenience suffered by plaintiff by reason of the fact that said flowers were not delivered to Laramie as originally scheduled.

"2. That defendant would prove that it is a corporation and interstate air carrier, as alleged in its answer; that said flowers were consigned under Air Bill No. 28— SCL132770, the printed provisions of which are set forth in Exhibit `A' to said answer; that defendant would prove the allegations of its answer as to the schedule of flight involved herein; that defendant would prove that said flowers were removed from shipment in order that the total weight of the aircraft would be within the limits prescribed by law; that said flowers were shipped by air freight, and that other items of air freight, not consigned to plaintiff, were similarly removed from said flight at Casper for the same reason; that defendant has filed with the Civil Aeronautics Board, its classifications and tariffs, governing such shipment of flowers, and pertinent provisions of said filings are set forth in Exhibit `B' to defendant's answer."

Defendant takes the position that, as a matter of law, it is not liable to plaintiff though admitting all the facts alleged in plaintiff's complaint as true.

The matter involves an interstate air freight shipment of flowers from Salt Lake City, Utah, to Laramie, Wyoming, and being a suit arising under a law regulating commerce is within the jurisdiction of this court irrespective of the amount involved. Peyton v. Railway Express Agency, 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525.

Reference should be made to Air Freight Rules Tariffs applicable to this case, reading:

"Rule No. 3.2—Exclusions from Liability.

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"(d) The carrier shall not be liable in any event for any consequential or special damages arising from transportation subject to tariffs governed by these rules, whether or not the carrier had knowledge that such damages might be incurred.

"Rule 3.9—Schedules.

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"The carrier assumes no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to make connections with any other carrier, and no carrier shall be liable for failure to do so or for error in any statement of times of arrival or departure.

"Rule 3.10—Availability of Equipment and Space.

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"(a) Carrier undertakes to transport, consistent with its capacity to carry, all property accepted for transportation. All shipments are

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