Opinion

Randolph v. American Airlines, Inc.

103 Ohio App. 172
76 Ohio Law. Abs. 408
3 Ohio Op. 2d 240
144 N.E.2d 878
1956 Ohio App. LEXIS 584

Court: Ohio Court of Appeals
Filed: Dec 12, 1956
Status: Published
Author: Deeds
On the bench: Fess, Deeds, Hunsicker, Ninth
Cited by: 12 cases
Authority: More cited than 43.0%

The opinion

DISSENTING OPINION

By DEEDS, J.

It is my opinion that Section 483 of the Civil Aeronautics Act requiring carriers by air to file “tariffs showing all rates, fares and charges for air transportation between points served by it,” etc., did not authorize the carrier to limit its liability under the law as established and applicable in determining the air carrier’s responsibility in the circumstances as shown to exist by the evidence in this case, and it is therefore my view that the judgment of the trial court should be affirmed.

Texas P. R. Co. v. Mugg, 202 U. S., 242 ; Chicago & A. R. Co. v. Kirby, 225 U. S., 155 ; Southern Pacific Co. v. United States, 272 U. S., 445 , 45 S. Ct. 123 , 71 L. Ed. 343 ; United States v. Atlantic Mutual Insurance Co., 343 U. S., 236 .

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