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British West Indies Produce, Inc. v. Venezolana Internacional De Aviacion, S.A. 172 N.Y. Law Journal 12

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
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Type
Judicial Decisions
Information
American Journal of International Law , Volume 69 , Issue 1 , January 1975 , pp. 180 - 181
Copyright
Copyright © American Society of International Law 1975

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References

1 49 Stat. 3000; 137 LNTS 11.

2 Quoted by court, 172 N.Y. Law Journal 12 (July 5, 1974).

3 172 N.Y. Law Journal 12. The full quotation is as follows:

The contract seems to me to mean that the carrier promises to be liable for damage due to accident provided that he is not to be liable if he proves that by his agents or servants he exercised all reasonable skill and care in taking all necessary measures to avoid causing damage by accident to the passenger, or proves that it was impossible to take such measures. This seems to me to amount to a promise not to injure the passenger by avoidable accident, the onus being on the carrier to prove that the accident could not have been avoided by the exercise of reasonable care L.R. [1937], 1 K.B. 50, at 69.

It may be noted that Greer, L. J. actually dissented in this case, “interpret[ing] the Convention in terms of municipal rather than international legislation. . . . “ 8 I.L.R. 459.