Ross, known as Jane Froman, v. Pan American Airways. 299 N. Y. 88;85N. E. (2d) 880.
New York Court of Appeals, April 14, 1949. Desmond, J.
Plaintiff, a passenger on one of defendant’s trans-Atlantic planes, brought action for $1,000,000 damages for injuries resulting from a crash landing in Portugal. Defendant moved for summary judgment as to any recovery above $8,291.87, the limitation set in the Warsaw Convention of Oct. 12, 1929, on International Air Transportation (49 Stat. 3000). The motion was granted by the Special Term for New York County, and affirmed by a divided court in the Appellate Division. The Court of Appeals affirmed the order, Conway and Lewis, JJ., dissenting.