GREIN v. IMPERIAL AIRWAYS, LTD.

(1936) 55 Ll.L.Rep. 318

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Greene and Mr. Justice Talbot.

Carriage by air-Accident-Negligence- Breach of contract of carriage-Death of pilot, navigator and passengers- Claim under Lord Campbell's Act, 1846, against defendant aeroplane company by dependants of deceased passenger- Aeroplane on journey from Antwerp to London in foggy weather-Collision with radio mast at Ruysselede- Whether accident due to negligence of defendants or their servants-Evidence as to equipment of aeroplane-Competence of pilot and navigator- Deceased passenger carried under return ticket from London to Antwerp and back-Ticket incorporating "General Conditions of Carriage of Passengers and Baggage"-Whether passenger by reason of these conditions renounced for himself or his representatives all claims for compensation; and whether, assuming the plaintiff's right to recovery, the sum recoverable was limited to 125,000 francs-Applicability of Carriage by Air Act, 1932- "International carriage"-"The place of departure and the place of destination" -"Agreed stopping place"- Breach of contract causing death- Whether a "wrongful act, neglect, or default" within the meaning of Lord Campbell's Act-General Conditions of Carriage of Passengers and Baggage (International Air Traffic Association), Art. 2, Art. 13, par. 1, Art. 16, Art. 18, pars. 1, 2, 3, 5, Art. 19, pars 1, 2-Carriage by Air Act, 1932, Schedule I, Arts. 1, 3, 17, 20, 22, 31 (1), Schedule II.