THOMAS v. AMERICAN AIRLINES

Civ. No. 2271.

104 F.Supp. 650 (1952)

THOMAS v. AMERICAN AIRLINES, Inc.

United States District Court, E. D. Arkansas. W. D.

March 12, 1952.


Attorney(s) appearing for the Case

Owens, Ehrman & McHaney, Little Rock, Ark., for plaintiff.

Wright, Harrison, Lindsey & Upton, Alston Jennings, Little Rock, Ark., for defendant.


TRIMBLE, Chief Judge.

The limitation period for giving notice and bringing suit in the tariffs of a common carrier are binding upon the passengers only if there is statutory authority for filing such tariff, that is, the statute controlling requires its filing. Southern Pacific Co. v. United States, 272 U.S. 445, 47 S.Ct. 123, 71 L.Ed. 343. Even the carrier itself is not bound by such a tariff not so authorized. Thompson v. Chicago...

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