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LeROY v. SABENA BELGIAN WORLD AIRLINES

No. 172, Docket 29044.

344 F.2d 266 (1965)

Jacques L. LeROY, Administrator ad Prosequendum of the Estate of Paul LeRoy, deceased, and as Next Friend of Michael P. LeRoy, Christine M. LeRoy and Miren B. LeRoy, Plaintiff-Appellee-Appellant, v. SABENA BELGIAN WORLD AIRLINES (Societe Anonyme Belge d'Exploitation de la Navigation Aerienne), Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 31, 1965.

As Amended April 21, 1965.

Attorney(s) appearing for the Case

Arthur R. Stelljes, New York City (Joseph Kelner, Kelner & Stelljes, New York City, on the brief), for plaintiff-appellee-appellant.

Matthew J. Corrigan, New York City (Thomas W. Wilson, Mendes & Mount, New York City, on the brief), for defendant-appellant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge:

On February 13, 1955, a Sabena Belgian World Airways DC-6 crashed into the side of a mountain northeast of Rome, killing everyone aboard. This suit was brought against Sabena in the District Court for the Southern District of New York on behalf of the estate and children of one of the passengers, Paul LeRoy.

Because LeRoy was on an international flight, Sabena's liability is governed by the Warsaw Convention, 49 Stat. 3000 (1934). Sabena...

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