Franklin v. United Airlines, Inc.

S.D. New York

Franklin v. United Airlines, Inc.

184 F. Supp. 814

DecidedJune 3, 1960

StatusPublished

This text of 184 F. Supp. 814 (Franklin v. United Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franklin v. United Airlines, Inc., 184 F. Supp. 814 (S.D.N.Y. 1960).

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Opinion

HERLANDS, District Judge.

Defendant’s motion, pursuant to F.R. Civ.P. Rule 56, 28 U.S.C.A., for summary judgment awarding plaintiff $250 is granted.

The controversy was presented upon a stipulation of the facts. On oral argument, counsel agreed that the stipulation is adequate for the determination of the issues as framed.

Misdelivery of baggage by a carrier does not deprive it of the benefit of a tariff provision limiting its liability. Where there has been no willful wrongdoing by or unjust enrichment of the defendant carrier, plaintiff cannot avoid the contractual limitation of defendant’s liability by characterizing a misdelivery, caused by negligence or mistake, as a “conversion.” Lichten v. Eastern Airlines, 2 Cir., 1951, 189 F.2d 939, 942. See District Court opinion in the same case, S.D.N.Y.1949, 87 F.Supp. 691, 697.

Motion granted. Settle order within ten days from the date hereof.

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HERLANDS, District Judge.

Defendant’s motion, pursuant to F.R. Civ.P. Rule 56, 28 U.S.C.A., for summary judgment awarding plaintiff $250 is granted.

The controversy was presented upon a stipulation of the facts. On oral argument, counsel agreed that the stipulation is adequate for the determination of the issues as framed.

Misdelivery of baggage by a carrier does not deprive it of the benefit of a tariff provision limiting its liability. Where there has been no willful wrongdoing by or unjust enrichment of the defendant carrier, plaintiff cannot avoid the contractual limitation of defendant’s liability by characterizing a misdelivery, caused by negligence or mistake, as a “conversion.” Lichten v. Eastern Airlines, 2 Cir., 1951, 189 F.2d 939, 942. See District Court opinion in the same case, S.D.N.Y.1949, 87 F.Supp. 691, 697.

Motion granted. Settle order within ten days from the date hereof.

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