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MUSTARD v. EASTERN AIR LINES, INC.

338 Mass. 674 (1959)

156 N.E.2d 696

EDITH B. MUSTARD vs. EASTERN AIR LINES, INC.

Supreme Judicial Court of Massachusetts, Norfolk.

March 9, 1959.

Attorney(s) appearing for the Case

Thomas R. Morse, Jr., for the plaintiff.

David H. Fulton, for the defendant, submitted a brief.

Present: WILKINS, C.J., RONAN, SPALDING, WHITTEMORE, & CUTTER, JJ.

WILKINS, C.J.

This action of contract or tort is for the value of a fur coat, lost due to the defendant's negligence, while the plaintiff was a passenger on an airplane operated by the defendant common carrier between Tampa, Florida, and Boston. The question is whether the plaintiff may recover the full value of the coat, which is $4,500, or is limited to $100 by reason of tariff rules filed with the Civil Aeronautics Board. The case was heard on a case stated. The...

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