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PIERRE v. EASTERN AIR LINES

Civ. A. 1190-55, 843-54

152 F.Supp. 486 (1957)

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.

United States District Court D. New Jersey.

June 27, 1957.

Attorney(s) appearing for the Case

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.

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