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MELNICK v. NATIONAL AIR LINES. (04/16/59)

April 16, 1959

MELNICK, APPELLANT,
v.
NATIONAL AIR LINES.



Appeal, No. 138, Oct. T., 1959, from judgment of Municipal Court of Philadelphia, Feb. T., 1958, No. 379, in case of Ida Melnick v. National Air Lines. Judgment affirmed.

COUNSEL

Samuel Melnick, for appellant.

John P. Mason, with him Owen B. Rhoads, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 189 Pa. Super. Page 317]

OPINION BY WATKINS, J.

This is an appeal from a judgment entered on the pleadings by the Municipal Court of Philadelphia, in favor of National Air Lines, the defendant appellee, and against Ida Melnick, the plaintiff appellant. The pleadings, which consist of the plaintiff's complaint, the defendant's answer containing new matter and the

[ 189 Pa. Super. Page 318]

    plaintiff's answer to new matter disclosed the following undisputed facts: The appellant and her husband, Samuel Melnick, Esquire, were passengers on a flight of National Air Lines from New York to Philadelphia on September 4, 1957; on September 19, 1957, Samuel Melnick filed a claim that "when we arrived from New York to Philadelphia we went to take our luggage and received all but one suitcase"; in the same claim he indicated that there had been two passengers; that the lost property consisted of 3 suits, 25 ties, 1 fur mink stole, 6 pairs of slacks and 1 fountain pen; that the cost of the items was $1687 and their present value $1677.

That further, it is undisputed that on or about November 13, 1957, the company forwarded to Samuel Melnick, a check in the amount of $100 on the back of which was written, "in endorsement of this check I hereby discharge National Airlines, Inc., its associated Companies, Agents, Officers, Employees and others in interest of and from any and all claims and demands which I now have or may hereafter have on account of incident involving lost baggage which occurred on or about 9/4/57"; that Samuel Melnick received the check, accepted it, endorsed it and cashed it; that before he cashed the check he crossed out the above notation on the back of the check.

It is also admitted in the pleadings that certain tariffs of appellee Air Line governed the transportation of baggage and that those tariffs require that notice of a claim be given the company within 45 days after the loss of the baggage and that the company's liability for such loss is limited to $100 unless the passenger has declared a higher value and paid an additional transportation charge. The appellant admits that neither she nor her husband declared a higher value or paid any additional transportation charge.

[ 189 Pa. Super. Page 319]

The complaint also sets forth that there was a package turned over to the company containing 14 jars of caviar, three bottles of vodka, and 1 bottle of wine, of a total value of $50 which was never returned to the appellant. This was specifically denied by the company and no claim ...


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