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MARTIN v. TRANS WORLD AIRLINES (06/22/71)

decided: June 22, 1971.

MARTIN
v.
TRANS WORLD AIRLINES, INC., APPELLANT



Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, No. 2034 of 1966, in case of Mary Martha Briney Martin v. Trans World Airlines, Inc.

COUNSEL

Daniel P. Stefko, with him Dickie, McCamey & Chilcote, for appellant.

Louis Vaira, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.

Author: Watkins

[ 219 Pa. Super. Page 43]

This is an appeal by the Trans World Airlines, Inc., the defendant-appellant, from the Judgment of the Court of Common Pleas, Civil Division, of Allegheny County, entered on a verdict in favor of the plaintiff-appellee, Mary Martha Briney Martin, and against the defendant in the amount of $2,200; and from the dismissal of the defendant's exceptions by the Court en banc.

The plaintiff brought suit in assumpsit to recover from the defendant the sum of $2,200, the stipulated value of wearing apparel contained in a piece of luggage which was lost in transit on or about February 11, 1966, when the plaintiff was traveling on defendant's

[ 219 Pa. Super. Page 44]

    airline from New York City to Pittsburgh. The case was tried before Silvestri, J., without a jury.

The plaintiff had checked her baggage at the East Side terminal at 42nd Street, New York City, and then proceeded to the airport. The agent of the defendant gave the plaintiff a baggage claim check which recited on its front: "Baggage checked subject to the tariffs including limitations of liability contained therein." A similar notice was also printed on the airline ticket.

In addition to the above notices, there were notices posted in bold-face type and prominently displayed in the baggage wells at the East Side terminal and at the airline ticket counter and also at the passenger boarding gates which bore the following notation:

"Tariff regulations limit airline liability for baggage to actual ...


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