INT'L MINING CORP. v. AEROVIAS NACIONALES DE COLUMBIA S.A.


45 N.Y.2d 915 (1978)

International Mining Corporation et al., Appellants, v. Aerovias Nacionales De Columbia S.A. et al., Respondents.

Court of Appeals of the State of New York.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Stanley W. Zawacki for appellants.

John L. Conners, Paul H. Murphy and Lawrence D. Smith for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue is whether there is sufficient evidence in the record to support the jury's finding of willful misconduct within the meaning of the Warsaw Convention (49 US Stat 3014). Article 25 of that Convention, which governs in this case, provides that a carrier may not avail himself of the limitations...

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