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GOEPP v. AM. OVERSEAS AIRLINES

281 A.D. 105 (1952)

Elisabeth W. Goepp, Individually and as Administratrix of The Estate of Rudolph M. Goepp, Jr., Deceased, Respondent, v. American Overseas Airlines, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.

Attorney(s) appearing for the Case

William J. Junkerman of counsel (Douglas B. Bowring and James B. McQuillan with him on the brief; Haight, Deming, Gardner, Poor & Havens, attorneys), for appellant.

H. G. Pickering of counsel (J. B. Breckenridge with him on the brief; Mudge, Stern, Williams & Tucker, attorneys), for respondent.

PECK, P. J., and CALLAHAN, J., concur with COHN, J.; BREITEL, J., dissents and votes to affirm, in opinion; DORE, J., dissents and votes to affirm on the ground that the claimed "willful misconduct" was an issue of fact for the jury, as well as the negligence.

COHN, J.

This action was brought to recover damages for the death of a passenger as the result of a crash of a DC-4 airplane, owned by defendant on October 3, 1946, shortly after take-off from Harmon Field, Stephenville, Newfoundland.

The fatal flight is conceded to have been international air transportation within the terms of the Warsaw Convention. On October 29, 1934, the President of the United States...

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