Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-02T21:31:39.751Z Has data issue: false hasContentIssue false
  • English
  • Français

Burdell v. Canadian Pacific Airlines, Ltd. et al.

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial Decisions
Information
American Journal of International Law , Volume 63 , Issue 2 , April 1969 , pp. 339 - 341
Copyright
Copyright © The American Society of International Law 1969

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

2 Cited note 1 above

3 “ (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination. “ (2) Questions of procedure shall be governed by the law of the court to which the case is submitted.'’ 49 Stat. 3000 at 3020-3021.

4 Art. 22 provides, inter alia: “ (1) In the transportation of passengers the liability of the carrier for each passenger shall be limited to the sum of 125,000 francs. Where, in accordance with the law of the court to which the ease is submitted, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.” Ibid. 3019.

5 Lisi v. Alitalia-Iinee Aeree Italiane, 370 F.2d 508 (2d Cir., 1966), 61 A.J.I.L. 812 (1967), aff ‘d. by equally divided court, 390 U. S. 455 (1968).

6 No. 66 L 10799, p. 14.

7 Ibid. 25-26. NOTE: Defendants did not answer but filed a motion for leave to appeal.—ED.