Pierre v. Eastern Air Lines, Civ. A. 1190-55

CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
Writing for the CourtShanley & Fisher, Frederick B. Lacey, Newark, N. J., for defendants
Citation152 F. Supp. 486
PartiesMargaret PIERRE, also known as Margaret Alexander, Plaintiff, v. EASTERN AIR LINES, Inc., Defendant. Margaret PIERRE, also known as Margaret Alexander, Plaintiff, v. Cecil C. FOXWORTH, Defendant.
Decision Date27 June 1957
Docket NumberCiv. A. 1190-55,843-54

152 F. Supp. 486

Margaret PIERRE, also known as Margaret Alexander, Plaintiff,
v.
EASTERN AIR LINES, Inc., Defendant.

Margaret PIERRE, also known as Margaret Alexander, Plaintiff,
v.
Cecil C. FOXWORTH, Defendant.

Civ. A. 1190-55, 843-54

United States District Court D. New Jersey.

June 27, 1957.


152 F. Supp. 487

Greenbaum & Greenbaum, Newark, N. J., John F. Smith, New York City, of counsel, for plaintiff.

Shanley & Fisher, Frederick B. Lacey, Newark, N. J., for defendants.

Chester A. Weidenburner, Newark, N. J., Earl E. Pollock, Washington, D. C., Stanley D. Metzger and Richard B. Bilder, Washington, D. C., for the United States.

MEANEY, District Judge.

Plaintiff has moved to strike out the affirmative defenses of both defendants, each setting forth as such affirmative defense Article 22(1) of the so-called Warsaw Convention, 49 Stat. 3019. Article 22 establishes a limitation of the amount of recovery to be had in actions for damages sustained in an international flight to the sum of approximately $8,300. First to be considered is the case against the carrier.

Reduced to its simplest terms the question raised by the motion is whether such limitation is violative of the constitutional provision of the VIIth Amendment to the Constitution of the United States, which preserves the right of trial by jury.

In considering this question, it is necessary to keep in mind Article VI of the Constitution which provides as follows: "This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land." Article II, section 2, of the Constitution sets forth the method of making treaties, such power being placed in the President by and with the advice and consent of the Senate, provided two thirds of the senators present concur.

The Warsaw Convention regulates and applies to all international transportation of persons, baggage, or goods performed by aircraft for hire. Its purpose is to unify rules for international air traffic and to facilitate such traffic. The United States is not a signatory to the Convention but has declared its adherence to the provisions thereof by a Declaration of Adherence, advised by the Senate, and deposited at Warsaw on July 31, 1934. With congressional implementation it entered into force for the United States on October 29, 1934. The Convention therefore, for all intents and purposes, has the general effect of a treaty. It may be well to state at this juncture that the Warsaw Convention provides that each passenger on an international flight (or in case of death, the personal representative of the passenger) shall receive provable damages

152 F. Supp. 488
against the carrier to the extent of an international gold standard of approximately $8,300, in case of ordinary negligence. The carrier must pay this without any showing of negligence or fault unless it (the carrier) can prove that it and its servants were free from all fault. In the event that the passenger can prove an exceptional or gross degree of negligence on the part of the carrier or its servants, the passenger may recover all provable damages without limitation

It is well settled that no article or term of a...

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23 practice notes
  • Grace v. Howlett, No. 44902
    • United States
    • Supreme Court of Illinois
    • 17 Abril 1972
    ...guarantee of the right to trial by jury in the limitation of the amount of damages.' Pierre v. Eastern Air Lines, Inc. (N.D.Ill.1957), 152 F.Supp. 486, Nor can I agree with plaintiff that article XXXV of the Insurance Code embraces more than one subject, or that section 608 is void as embra......
  • In re W.R. Grace & Co., CIVIL ACTION NO. 11-199 (Lead Case)
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 11 Junio 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]" Pierre v. E. Air Lines, 152 F. Supp. 486, 488 (D.N.J. 1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), the Supreme Court of the United States stated that suits at commo......
  • In re W.R. Grace & Co., CIVIL ACTION NO. 11-199
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 30 Enero 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]" Pierre v. E. Air Lines, 152 F. Supp. 486, 488 (D.N.J. 1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), the Supreme Court of the United States stated that suits at commo......
  • In re W.R. Grace & Co., Civil Action Nos. 11–199
    • United States
    • U.S. District Court — District of Delaware
    • 27 Junio 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]” Pierre v. E. Air Lines, 152 F.Supp. 486, 488 (D.N.J.1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989), the Supreme Court of the United Sta......
  • Request a trial to view additional results
23 cases
  • Grace v. Howlett, No. 44902
    • United States
    • Supreme Court of Illinois
    • 17 Abril 1972
    ...guarantee of the right to trial by jury in the limitation of the amount of damages.' Pierre v. Eastern Air Lines, Inc. (N.D.Ill.1957), 152 F.Supp. 486, Nor can I agree with plaintiff that article XXXV of the Insurance Code embraces more than one subject, or that section 608 is void as embra......
  • In re W.R. Grace & Co., CIVIL ACTION NO. 11-199 (Lead Case)
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 11 Junio 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]" Pierre v. E. Air Lines, 152 F. Supp. 486, 488 (D.N.J. 1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), the Supreme Court of the United States stated that suits at commo......
  • In re W.R. Grace & Co., CIVIL ACTION NO. 11-199
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 30 Enero 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]" Pierre v. E. Air Lines, 152 F. Supp. 486, 488 (D.N.J. 1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), the Supreme Court of the United States stated that suits at commo......
  • In re W.R. Grace & Co., Civil Action Nos. 11–199
    • United States
    • U.S. District Court — District of Delaware
    • 27 Junio 2012
    ...of the [Seventh Amendment] is to decide what constitutes the province of the jury as trier of the facts[.]” Pierre v. E. Air Lines, 152 F.Supp. 486, 488 (D.N.J.1957). In Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989), the Supreme Court of the United Sta......
  • Request a trial to view additional results

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